GURAYYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Guravva (the petitioner herein) has filed this writ petition under Article 226 of the Constitution for an appropriate writ in the nature of certiorari to quash the order dated 10-5-1977, a true copy of which is at Exhibit-E, passed by the 2nd respondent Land Tribunal, Jewargi against him and in favour of Chandramappa (respondent No. 3) granting a temporary injunction restraining him from interfering with the enjoyment of the land by the 3rd respondert comprised in Sy-No. 64 admeasuring 20 acres 19 guntas situate in Birival B village of Jewargi Taluk in Gulbarga District.

(2.) The matter arises in this way:- The 3rd respondent filed an Orginal Suit No. 257 of 1974 on the file of the Principal Munsiff, Gulbarga, against the petitioner for permanent injunction to restrain the petitioner from interfering with his possession of the aforementioned land comprised in Sy. No 64 on the ground that he was the exclusive owner in possession of the said land and obtained an order of ad-interim temporary injunction. The pet tioner entered appearance and resisted the suit, questioning the title of the 3rd respondent to the suit land by contending inter alia among other things, that one Somappa Hosur was the owner of the suit land from whom the petitioner obtained the land in question on lease in the year 1961-62 and since then he was cultivating it personally. The Principal Munsiff, who heard the matter, vacated the ex-parte order of injunction passed against the petitioner and referred the question of tenancy to the Tribunal as required under Section 133 of the Karnataka Land Reforms Act, 1961 (for short 'the Act') as it stood then for its decision as per his order dated 24-1-1975. Under the same order, the Principal Munsiff also appointed the petitioner herein who was the defendant in the suit as the receiver of the suit property until further orders.

(3.) The 2nd respondent-Land Tribunal, on receipt of the case records from the Court of the Principal Munsiff, Gulbarga, took up the matter for enquiry. The petitioner as well as the 3rd respondent filed separate applications on 10-2-1977 seeking injunction against each other in respect of the land in question during the pendency of the matter before the Tribunal. The Tribunal, having considered the applications, passed the impugned order Exhibit-E under which it rejected the application filed by the petitioner and allowed the application filed by the 3rd respondent on which, it granted temporary injunction restraining the petitioner from, disturbing the possession and enjoyment of the land in question by the 3rd respondent. It is this order that is under challenge in this writ petition.