SIDDAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have assailed order dated 5/1/2018 passed by the second respondent- Land Tribunal (Annexure-G) in case No.LRF/INA/1/1978-79 on an application filed by the petitioners herein under Section 11 of the Code of Civil Procedure,1908 (CPC). The grievance of the petitioners is that the Tribunal has not passed any order on the said application and instead proceeded to consider Form No.7 filed by respondent No.3.

(2.) Briefly stated the controversy in this writ petition pertains to land bearing survey No.48/2, measuring 2 acres 33 guntas, which is stated to be inam land attached to the Office of Shanubhog of Ganakallu village. According to the petitioners, one Narasimhaiah was the holder of the Office and that he had made an application before the Deputy Commissioner for Inams Abolition, Bengaluru. The Deputy Commissioner by his order dated 10/07/1961 confirmed the occupancy rights of Narasimhaiah. Thereafter, Narasimhaiah sold the land in favour of one Smt.Puttamma under a registered sale deed. On the death of Smt.Puttamma, her husband-Hutchegowda succeeded to the land. He in turn sold the same in favour of Muniyappa, father of the petitioners under a registered sale deed dated 26/04/1971.

(3.) It appears that the third respondent- Gangathimmaiah had encroached a portion of land bearing survey No.48/2. In that regard, Muniyappa had filed O.S.No.438/1971 on the file of the Additional II Munisiff, Bengaluru, seeking declaration of title and recovery of possession. The said suit was decreed by judgment and decree dated 16/12/1975 which has attained finality. Thereafter, an execution petition in Ex.P.No.96/1976 was filed by Muniyappa against Gangathimmaiah.