CHANDRAPPA Vs. ASSISTANT COMMISSIONER BASAVA KALYAN SUB DIVISION

JUDGEMENT

(1.) THIS petition has been filed under article 226 of the Constitution of India with a prayer to the effect that this court may be pleased to quash the impugned order dated 24-8-1984 in writ petition No. 4490 of 1984 by this Hon'ble court vide Annexure-B to the writ petition and to pass suitable orders.

(2.) THE facts of the case in brief are that the land involved is measuring 2 acres 20 guntas of land of sy. No. 53/a and sy. No. 53/aa measuring 3 acres 29 guntas, situate in village ben-chincholi, tq. Humnabad, district bidar. These lands originally are alleged to have belonged to one bandappa who was alleged to be the exclusive owner in possession of the property. The parties to the case are related as under. The following tree will indicate the relationship of the parties and is material for the purpose of the case. bandappa s/o mariappa sambanna laxmappa kallappa chandrappa ismail

(3.) WRIT petition No. 4490 of 1984 had been filed by Annappa s/o bhimrao, challenging the order of the tahsildar, humnabad, dated 1-3-1984, in case No. Hbd/kdr-cr-8/83-84 whereby the tahsildar had ordered the revenue inspector to deliver the possession of land sy nos. 53/a and 53/aa, to Sri ismail s/o kallappa and brothers. The tahsildar had taken the view that the land in dispute had been mortgaged to bhimrao s/o sangappa and annappa s/o bhimrao and the deed in question was not the sale deed and in that view of the matter he held that the said deeds dated 23-5-1973 and 17-11-1967 were null and void and then he directed the revenue inspector to hand over the possession of land to ismail s/o kallappa and chandrappa s/o sambanna, potraj and other brothers. It is this order of tahsildar that had been challenged by annappa in writ petition No. 4490 of 1984. The petitioner in writ petition No. 4490 of 1984 did not implead chandrappa s/o sambanna and his brothers. Only ismailappa had been impleaded as respondent 3.