N SUBBAN SHIVA RAO Vs. ANNI PINTO

JUDGEMENT

(1.) Petitioner is the son of late N. Shiva Rao. An application in Form No. 7, as required under the Land Reform Act ('Act'), was filed by respondents 1 and 2 and the husband of Respondent-3 and father of Respondents 4 to 6, before the Land Tribunal, Mangalore, seeking occupancy rights in respect of several survey numbers referred to therein. In the application - Form No. 7 the name of N. Rama Rao, father of respondents 7 and 8 and uncle of the petitioner was shown as the owner of all the survey numbers.

(2.) The Tribunal by its order dated 25-4-1981 granted occupancy rights in respect of several numbers referred to in Form No. 7. It is seen from the order that the owner, N. Rama Rao, though served remained absent. This order is challenged by the son of Subban Shiva Rao. The order of the Tribunal is challenged on the ground that along with Rama Rao, Shiva Rao end his son Subban Shiva Rao, the petitioner are the joint- owners of the properties in question.

(3.) it is urged that though the muigeni-chit, produced by the tenant before the Tribunal contained the names of the petitioner and his father being the owners of the properties in question along with Rama Rao on notice was issued either to the petitioner or to his father and the order came to be passed in their absence. The order of the Tribunal is therefore challenged on this ground and it is urged that the order of the Tribunal is vitiated since the same is made without issue of notices to the interested parties and therefore the order should be set-aside on that sole ground.