SHAMBHU ESHWAR HEGDE Vs. LAND TRIBUNAL KUMTA

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner who is an assignee of the interest of the original permanent tenant, has challenged the validity of the order dated 29-7-1976, passed by the Land Tribunal, Kumta, in LRT.SR. 12418, 143,63, 14473, 14276, 16021 and 7224 granting the occupancy right in favour of the second respondent in respect of the lands in question bearing Survey Nos. 367/1, 367/3, 367/4, 367/5, 367/6 365/6 and 400 of Muroor village, Kumta taluk.

(2.) The second respondent was the mulgeni tenant of the lands in question and in that capacity, he was in possession and personally cultivated the said lands on 1-3-1971 an which date, the Karnataka Act No.1 of 1974 came into force radically amending the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act').The petitioner is the son-in-law of the second respondent. The second daughter of the 2nd respondent came to be married to the petitioner on 18-3-1974. After the marriage, the petitioner started living with the second respondent, who through a registered gift deed dated 15 4-1974 transferred his mulgeni right in respect of the lands in question in favour of the petitioner.

(3.) In pursuance of the Karnataka Act No. 1 of 1974, the 2nd respondent and Iris wife and the two daughters made separate applications in Form No. 7 in respect of the lands in question for being registered as occupants. The petitioner also made an application in Form No. 7 for being registered as an occupant of the lands in question, on the basis of the gift-deed executed in his favour by the 2nd respondent transferring his Mulgeni right in the said lands. The Land Tribunal clubbed all these applications and held a common enquiry and has passed a common order dated 29-6-1976. The Tribunal rejected the application of the petitioner and also those of the wife and the two daughters of the second respondent and granted the occupancy right in favour of the 2nd respondent.