A L YELLAPPU Vs. HUCHAMMA ALIAS PADMAVATHAMMA

JUDGEMENT

(1.) In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 21-5- 2002 in Case Nos. 746 to 748 of 1974-75 and Case No. 2277 of 1975-76 passed by the Land Tribunal, Bangalore North Taluk.

(2.) The subject-matter of this writ petition is 2 acres 20 guntas of land in Sy. No. 29 of Amruthahalli Village, Bangalore North Taluk. Respondent 1 was the owner of the lands in question and she sold the same in favour of respondent 4. In turn respondent 4 sold the land in question in favour of respondents 5 and 6.

(3.) It is the case of the petitioner that his father Kullappa was in possession of the land in question as tenant. The RTC extracts from the years 1966-67 to 1971-72 in respect of the land in question were in the name of Kullappa. Kullappa died in the year 1972. After the demise of Kullappa, petitioner being the son continued in possession and enjoyment of lands in question. Though the petitioner continued in possession of the lands in question as a tenant, his name was not entered m the RTC. Aggrieved by this Act of the respondents in not entering the petitioner's name in the RTC extracts he approached the jurisdictional Tahsildar in RRC No. 1962 of 1982-83 requesting to enter his name. The Tahsildar vide order dated 4.3.1983 directed to enter the name of the petitioner in the RTC. This order of the Tahsildar dated 4.3.1983 came to be questioned before the Assistant Commissioner in Appeal No. 20 of 1983-84 and the same came to be dismissed vide order dated 19.3.1984 confirming the order of Tahsildar. Further the second appeal filed by the first respondent in R.A.A.No.7 of 1984-85 before the Special Deputy Commissioner also came to be dismissed. Further it is brought to my notice that even the writ petition filed by the first respondent against these orders of Tahsildar, Assistant Commissioner and Deputy Commissioner also came to be dismissed. Thus the name of the petitioner came to be entered in the revenue records. Petitioner filed Form 7 before the Land Tribunal for grant of occupancy rights in respect of the lands in question. Under the impugned order dated 21-5-2002 the Tribunal rejected the claim of the petitioner on the ground that there is no evidence on record to prove and establish that the petitioner was tenant of the lands in question as on 1.3.1974. Hence, this writ petition.