DHOBI RAMAIAH Vs. DHOBI ABBIGA

JUDGEMENT

(1.) THE petitioner has sought for quashing of the impugned order at Annexure-A dated 9-12-1988 passed by the 3rd respondent-Land Tribunal granting occupancy rights in favour of the first respondent for 2 acres 25 guntas of land in Sy. No. 25/3 of Shamashetti Hally in Malur Taluk.

(2.) ACCORDING to the petitioner, the land in question is an Inam Land and the tenancy is joint family tenancy. In respect of the application filed by the first respondent seeking occupancy rights, the petitioner and the 2nd respondent have got interest as coparceners. The grievance of the petitioner is that by making a false submission before the Land Tribunal that the first respondent was the only son of Late Mu-niswamappa, the original tenant of the land in question, he obtained the occupancy rights in his favour.

(3.) THE first respondent filed a detailed counter denying the petition averments. According to him, there was a family partition in the year 1985 itself and in that all the family properties had been partitioned. It is stated that since the property in question fell to his share, he filed Form No. 7 and obtained the occupancy rights in his favour. Copies of the partition deeds have been produced as Annexures-R1 and R2.