PAPANNA Vs. CHITRA ANNASWAMY

JUDGEMENT

(1.) THIS Revision is directed against the order dated 18-2-1989 in L. R. A. No. 1255/1986 passed by the Land Reforms Appellate Authority confirming the order passed by the Land Tribunal, Bangalore South Taluk, Bangalore in LRF. INA. 1185/79-80 dated 13-11-1986 and for direction to the Land Tribunal, Bangalore South Taluk, Bangalore for confirmation of the occupancy rights in respect of 1 acre 6 guntas of land in Sy. No. 47/1 of Kodihalli village, Varthur Hobli, Bangalore South Taluk, Bangalore.

(2.) ON 24-12-1974, the deceased petitioner made an application under Section 10 of the Mysore (Personnel and Miscellaneous) Inams Abolition Act, 1954 (hereinafter referred to as 'the Act') seeking for transfer of Khata of Sy. No. 47/1 of Kodihalli village from his deceased father's name to his name. In the said proceedings deceased petitioner made an application for impleading one Smt. Chitra Annaswamy, daughter of A. M. Ramamurthy, Jodidar of Kodihalli village.

(3.) IN support of his case, he had produced RTC for the year 1959-60, 1961-62, 1962-63 and 1963-64. Before the Special Deputy Commissioner, Smt. Chitra Annaswamy, who was impleaded, did not appear. In view of the amendment to the provisions of the Karnataka Land Reforms Act in 1979, all the applications, which were pending before the Special Deputy Commissioner under Inams Abolition Act, stood transferred to the Land Tribunal. The Land Tribunal by its order dated 30th March, 1982 rejected the claim of the petitioner on the ground that the application of the deceased petitioner has already been adjudicated and in view of the acquisition, the Khata is transferred in favour of H. A. L. As against the said rejection, the deceased petitioner had filed a writ petition before this Court. This Court by order dated 12-9-1982 allowed W. P. No. 17190/1982 and remanded the matter to the Land Tribunal. After remand, the Land Tribunal by its order dated 28-4-1984 granted occupancy rights to the deceased petitioner to an extent of 1 acre 3 guntas, which was revised to 1 acre 6 guntas lateron by order dated 28-7-1984. As against the said order, H. A. L. had filed W. P. No. 18296/1984. The said writ petition was also allowed and the matter was again remanded to the Land Tribunal. On remand, the Land Tribunal by its order dated 13-11-1986 rejected the application of the deceased petitioner. As against the rejection, the deceased petitioner filed an appeal in L. R. A. No. 1255/1986 before the Land Reforms Appellate Authority, both the parties led additional evidence oral as well as documentary. Both of the members of the Appellate Authority differed in their opinion inter alia, the Revenue Member agreed to concur with the findings of the Land Tribunal whereas the Judicial Member differed with the findings of the Land Tribunal. In view of the conflicting opinion between both the members, matter was referred to the Principal City Civil Judge, Metropolitan Area, Bangalore under Section 116-B of the Karnataka Land Reforms Act. The learned Principal City Civil Judge by his Reference Order dated 27th January 1989 in Ref. Case No. 1/1987 agreed with the view taken by the Revenue Member, holding that the order of the Special Deputy Commissioner dated 13-11-1958 has become final. In view of the order of the Reference Court, the appeal filed by the deceased petitioner was rejected. It is this order and the order or the Land Tribunal have been called in question in this revision.