LAWS(KAR)-1999-12-49

KRISHNAPPA Vs. STATE OF KARNATAKA AND OTHERS

Decided On December 10, 1999
KRISHNAPPA Appellant
V/S
State of Karnataka And Others Respondents

JUDGEMENT

(1.) The petitioner who is an applicant before the 3rd respondent-Tribunal, is aggrieved of the order passed by the erstwhile Land Reforms Appellate Authority, Shimoga District, Shimoga in L.R.A. No. 16 of 1988, dated 17-10-1988, has filed this revision petition urging various legal contentions.

(2.) The necessary brief facts for the purpose of appreciating and considering the rival contentions urged by the learned Counsel for the parties in this revision petition are stated as hereunder.

(3.) The petitioner filed an application under Sec. 48-A of the Karnataka Land Reforms Act, 1961 (in short, 'KLRF Act') in Form 7 claiming occupancy rights to an extent of 7 acres 9 guntas in Sy. No. 3 of Bommanahalli Village, Bhadravathi Taluk. The claim of the petitioner was that his father late Narasimhaiah Maistry had taken the land in question on lease from Patel Veerappa who is the husband of the 2nd respondent-Parvathamma, about 25 years prior to 1-3-1974 and after his death, the petitioner had continued cultivation of the land in question as a tenant. The further contention of the petitioner is that the landlord Patel Veerappa had filed an application under Sec. 14 of the KLRF Act on 9-12-1966 in L.R. Mis. No. 81 of 1970, before the then Land Tribunal namely the Munsiff Court, Bhadravathi seeking for resumption of the land in question. The said proceedings were dismissed for non-prosecution by the Munsiff Court, Bhadravathi.