MOHSINA BEGUM Vs. STATE OF KARNATAKA, REVENUE DEPARTMENT

JUDGEMENT

(1.) Though these writ petitions are listed for preliminary hearing with consent of learned counsel for respective parties they are taken up for final disposal.

(2.) Petitioners have assailed order dated 19.03.2005 passed by the 3rd respondent - Assistant Commissioner, Tumkur Sub-Division, Tumkur, who is also the Authorized Officer (Annexure-D); order dated 03.02009 passed by the Karnataka Appellate Tribunal, Bengaluru (herein after referred as 'Tribunal', for sake of brevity) in Appeal No.697/2005 (Annexure-F) as well as order dated 26.02016 passed by the Tribunal in Miscellaneous Petition No.25/2012 (Annexure-H).

(3.) According to the petitioners, land bearing Survey No.87, measuring 4 acres 12 guntas, situated at Hosahalli Village, Kora Hobli, Tumkur Taluk and District had been a subject matter of registered Sale Deed dated 26.09.1996 by one Mohammed Ahmedulla S/o Mohammed Mustafa in favour of Smt. Fathima Bi W/o Mohammed Azam. Smt. Fathima Bi on purchase of the land in question acquired absolute right, title and interest as well as possession over the said land. She is none other than the mother-in-law of the 1st petitioner and grandmother of petitioner Nos.2 to 7. Shri Muneer Pasha, husband of 1st petitioner and father of petitioner Nos.2 to 7 was Smt Fathima Bi' s only son. On the purchase of the said land, the revenue authorities accepted mutation and entered the name of Smt.Fathima Bi in the revenue records as well as in the RTC as per M.R. No.38/81-82. According to the petitioners, the land in question was not tenanted land. No tenancy right was created in favour of anybody by the vendor of Smt. Fathima Bi or by her at any point of time. The land in question was under personal cultivation of the vendor of Smt. Fathima Bi till the latter purchased it and continued to be in possession and enjoyment of the same till her death which occurred on 21.11.2005. She left behind her only son, Muneer Pasha as her only legal heir.