LAWS(KAR)-2019-2-482

N. ESHWARA Vs. STATE OF KARNATAKA

Decided On February 19, 2019
N. Eshwara Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Petitioner herein is seeking writ of mandamus directing the respondents to hold fresh enquiry in accordance with the direction dated 20.09.2008 (vide Annexure 'B' to the petition) passed by this Court in W.P. No.26818/2002 (LR) and to consider his representations dated 10.02.2016, 15.02.2016 and 28.07.2017 vide Annexures 'E', 'F' and 'G' respectively, to the petition.

(2.) It is the case of the petitioner that himself and his brothers, namely Sri Nanjundappa N. / Sri Nanjunda and Sri Gundappa, are the joint owners of the land measuring to an extent of 35 guntas in Sy. No.107/5, which totally measured 01 Acre 29 guntas, situate in Mulekatte village, Nagamangala Taluk, Mandya District. The said land is said to have fallen to the joint share of the petitioner and his brothers in a family partition. Petitioner's brothers, Sri Nanjundappa N. / Sri Nanjunda and Sri Gundappa, are said to have died on 15.03.2013 and 15.08.2013 respectively.

(3.) It is the further case of the petitioner that respondent No.3 - Thimma Setty Gowda misled his brother, Sri Gundappa, and made him to execute security deed (adhara patra) dated 03.09.1973 in connection with loan of Rs.1,000/- borrowed by him from one P.N. Shivarama, who is said to be a friend of third respondent and who was running a hotel at Nelamangala town at the relevant point of time. It is alleged that on the same day, the third respondent made Gundappa to affix his signature on a blank paper on the pretext that he would issue separate receipt for having received the loan amount of Rs.1,000/- from the said P.N. Shivarama. The third respondent by making use of the said blank paper on which Gundappa had affixed his signature, had concocted a lease deed dated 03.09.1973 to show as if Gundappa had leased the land in question in his favour. Based on the concocted lease deed, respondent No.3 filed an application in Form No.7 claiming occupancy right in respect of 35 guntas of land in Sy. No.107/5 before the second respondent - Land Tribunal. Based on the said application, proceedings were registered in LRF.169/74-75 before the Land Tribunal.