CHARLES GREGORY REGO Vs. FR MULLERS CHARITABLE INSTITUTIONS

JUDGEMENT

(1.) The original landlord of land bearing Sy.No.24/7A, measuring to an extent of 25 cents, situated at Kankanady village, Mangaluru Taluk, has come up in this writ petition impugning the order of the Land Tribunal, Mangaluru, Dakshina Kannada District, dated 5.10.2012 in proceedings bearing No.LRT.256/1979-80.

(2.) Brief facts leading to this writ petition are as under:

(3.) Admittedly, 1st respondent Mulgeni tenant is a Charitable Institution which is running a Hospital at Mangluru. It has given an extent of about 23 cents in land bearing Sy.No.24/7A to the wife of 2nd respondent on chalgeni tenancy under registered Chalgeni Chit dated 19.9.1964 vide Annexure-C, whereas the Mulgeni Chit in favour of 1st respondent is at Annexure-B. The Chalgeni Chit, which is executed in favour of the wife of 2nd respondent would indicate that 2nd respondent's wife Smt.Lucy Coelho, who was working as Midwife in the Hospital run by 1st respondent - Institution was given the said property on tenancy. The chalgeni tenancy in favour of 2nd respondent's wife would indicate that an extent of 23 cents which was given to her on lease consisted of a house, a well and several trees standing in the said property, bounded by the boundaries referred to in Chalgeni Chit and identified as Sy.No.24/7A with classification as Punja land and shown as such in the registered chalgeni document.