KORAGAPPA GOWDA Vs. JINNAPPA GOWDA

JUDGEMENT

(1.) THIS writ petition is filed under Articles 226 and 227 of the constitution of India praying to issue a writ of certiorari or any other appropriate writ, order or direction to set aside the order of the Assistant Commissioner, Puttur, Dakshina Kannada, dated 2-9-1992, allowing the appeal filed by the respondents herein, thereby, directing the Tahsildar to enter the name of the 2nd respondent along with the petitioner in the Revenue Records.

(2.) BRIEF facts leading to this filing of writ petition, are as follows: Petitioner's father was a tenant of the schedule lands and upon his application in Form 7 to the Land Tribunal, the Land tribunal has registered him as an occupant of the land in conformity with Section 45 of the Karnataka Land Reforms Act ('the Act' for short ). Petitioner's father died on 3-10-1982, leaving behind him a Will, bequeathing the schedule lands in the name of the petitioner. After the death of his father, petitioner filed an application before the Deputy Tahsildar for changing the katha of the lands in his name and as per the Will, the Deputy tahsildar has passed an order directing to change the katha in the name of the petitioner as per Annexure-B.

(3.) IT is the case of the petitioner that after the death of his father he continued to be in possession of the property and cultivating the lands. The petitioner has two sisters who are married long prior to the date of death of his father and are staying with their husbands. They were never in possession and enjoyment of the lands. The 1st respondent is the son of the petitioner's deceased sister, the 2nd respondent is another sister. They have no interest in the property. The objection for entering their names has been overruled by the Deputy Tahsildar, but the appeal preferred by the respondents before the Assistant commissioner was not properly defended by him for the reasons stated in the writ petition and that the Assistant Commissioner. Puttur-the 3rd respondent however allowed the appeal and directed the Deputy Tahsildar to enter the name of the 2nd respondent also jointly with the petitioner in all the Revenue records.