SRI B.S. ASWATHAPPA AND ANOTHER Vs. CHAIRMAN, LAND TRIBUNAL, BENGALURU SOUTH TALUK, BENGALURU CITY AND OTHERS RESPONDENTS

JUDGEMENT

(1.) Petitioners 1 and 2 are sons of one Sanjeevappa and Munikrishnappa respectively and grand sons of one Muniswamappa, who is said to be tenant in respect of land bearing Sy.No.22/3 of Varthur village, measuring to an extent of 5 acres 29 guntas. The fact that aforesaid land is Shanbog Inamthi land which was under the ownership of one Narayanrao is not in dispute.

(2.) It is seen that when an amendment to Karnataka Land Reforms Act, 1961, came into force Sanjeevappa had filed an application in Form No.7 seeking occupancy right in respect of aforesaid land which is in No.LRF.5391/1979-80. The said application on contest came to be allowed in granting occupancy right in favour of Sanjeevappa by order dated 30.5.1980. Thereafter, records would indicate that the landlord - Narayanarao preferred a writ petition in No.27349/1991 impugning the order of Land Tri bunal dated 30.5.1980 which came to be allowed by order dated 5.8.1996 in setting aside the order of Land Tribunal and remanding the matter for fresh consideration.

(3.) It is stated that when proceedings before the Land Tribunal was pending in No.LRF.5391/1979-80 the legal representatives of original landlord -Narayanarao, who had died by then and represented by his LR's, who were respondents in said proceedings said to have entered into a settlement with applicant/Sanjeevappa. Pursuant to that an order is passed on 21.10.2002 in Sanjeevappa seeking recall of his application filed for occupancy right in respect of land in question. The order sheet of said proceedings which is produced before this Court at Annexure-F would clearly show that Sanjeevappa was personally present before the Land Tribunal and he has affixed his signature to the order sheet in accepting his willingness to take back his application filed seeking grant of occupancy rights in respect of land in question. The records would further indicate that subsequently, the respondents in No.LRF.5391/1979-80, namely the legal representatives of original landlord - Narayanarao sold the land in question, namely Sy.No.22/3 of Varthur village, measuring to an extent of 5 acres 29 guntas in favour of respondent Nos.9 and 10 in this proceedings under a registered sale deed dated 12.12.2003.