BASAWWA Vs. LAND TRIBUNAL DHARWAD

JUDGEMENT

(1.) THE three petitioners seems to be terribly upset with the grant of occupancy rights in favour of the 3rd respondent-fakeerawwa who is none other than the own sister of the mother of the present petitioners. There appears to have litigation between the parties to acquire at least half share in the properties, which has been succeeded by fakeerawwa as the sole legatee under the registered will executed in her favour by her mother hanumawa on 28-5-1984.

(2.) IT is a matter of record that land bearing sy. No. 96/3a measuring5 acres 25 guntas of sattoor village, dharwad taluk, is a devastana nirandara land and this was granted by the government to the then vahivatdar, i. e. , one poojari maribasya who happens to be the adopted son of poojari lankya by an order dated 12-3-1851 in No. 24/71-72. Subsequently, after the death of poojari maribasya, the name of hanumawwa, his daughter has been entered in the year 1918-1919 as the inamdar, in the inam 'b' register and the said land was covered by the Provisions of the Karnataka certain inams abolition act. These facts are placed on record by the tahsildar of dharwad taluk who has also produced the relevant inam register in support of the same.

(3.) ADMITTEDLY, the said hanumawwa as inamdar was in personal cultivation of the lands as on 1-3-1974, which is the appointed date for the purpose of grant of occupancy rights in respect of the Karnataka certain inams abolition Act, 1977 (in short, the inams act' ). Pursuant to Section 4 of the inams Act, the land is vested in the government, but as provided under Section 5 thereof, right was reserved to various category of persons, including the inamdars, who were in personal cultivation of the land on the appointed date to claim occupancy right in respect thereof, provided an application in form I was filed by him/her on or before 31-3-1991.