HUVAPPA MAHADEV MENSE Vs. LAND TRIBUNAL BELGAUM

JUDGEMENT

(1.) These appeals are by Huvappa, the petitioner, in W.P. Nos. 6517 and 7971 of 1977. He claimed the status of a tenant em itled to registration as an occupant under Sec. 45 of the Karnataka Land Reforms Act, 1961, which was not granted.

(2.) The disputed lands are situated at Yallur village in Belgaum Taluk. One Nilkanthappa Sangappa Potdar of Yallur died a few days prior to 27-2-1938 leaving behind, his mother, widow and two minor sons by name Sangappa and Mohan-who are respondents 2 and 3 in W.P. No. 7971/77. The lands in question along with other properties formed part of a vast estate left by the deceased Nilkanthappa, situated both within and outside the limits of erstwhile State of Kurundwad. As the aforesaid two sons of the deceased Nilkanthappa were minors, the estate of the deceased including the lands in question were taken under the management of, the Court of Wards by the Order dated 27-2-1938 issued by the Chief of Kurundwad State, under the provisions of the Bombay Court of Wards Act, 1905 the provisions of which appear to have been adopted by the erstwhile State of Kurundwad). The management of the Court of Wards continued until the Kurundwad State came to be merged with the erstwhile State of Bombay on 8-3-1948. After the merger, the management of the Court of Wards of the estate of the deceased Nilkanthappa was transferred to the Court of Wards, Belgaum, in 1949 and was continued by the Government of Bombay by the order dated 7-8-1950.

(3.) Consequent upon the reorganisation of States, Bombay-Karnataka area covering the lands in question became part of the State of Mysore, now known as State of Karnataka. The State of Mysore, on the attainment of majority by Sangappa Nilkanthappa Potdar, passed an order dated 17th October, 1968 withdrawing the superintendence of the Court of Wards under Sec. 40(2) (a) of the Bombay Court of Wards Act, 1905 and directed restoration of the properties in question to Sangappa.