N VIJAYAKUMAR Vs. GOPALAKRISHNA

JUDGEMENT

(1.) The petitioners herein are the children of Smt. Sulochana, the applicant in Form No.7 on the file of the Land Tribunal, Karkala. The said Smt.Sulochana is said to be the daughter of Achu @ Laxmayya Sherigara / Laxmiah Servegara.

(2.) The records would indicate that Smt. Sulochana, the mother of petitioners herein, initially filed application in Form No.7 on 17.08.1974 seeking occupancy rights in respect of 5 items of lands i.e., land/s measuring to an extent of: 54 cents Sy. No.27/5; 15 cents in Sy. No.21/7; 38 cents in Sy. No.21/12; 24 cents in Sy. No.27/6 and 02 Acres 69 cents in Sy. No.27/3 situate in Kowdoor village, Kalaginamane, Dakshina Kannada District. The total extent of land in all these five survey numbers is 04 Acres. She claimed to be a chalageni tenant under moolageni tenant Sri Parameshwara, son of Sri Beeru @ Balayya Sherigara. It is seen that the said application is registered in proceedings No.TRL.764/74-75 on the file of the Land Tribunal, Karkala.

(3.) It has come on record that several suits were pending between the landlord - Sri B. Parameshwara and the applicant 0 Smt. Sulochana and one such suit was O.S. No.224/1971 filed by Sri B. Parameshwara since deceased and represented by his widow and four children against Smt. Sulochana, before the Court of Principal Munsiff, Karkala, South Kanara, on 15.04.1971. The said suit was filed for the relief of permanent injunction restraining her from entering into the plaint 'A' schedule properties i.e., two items of nanja lands measuring to an extent of 72 cents in Sy. No.27/2 and 38 cents in Sy. No.21/12 situate at Kowdoor village, Karkala Taluk, and interfering in any manner with the plaintiffs' possession and enjoyment of the same and also for damages.