BASAVA DEVADIGA Vs. ANANDARAYA PATALI

JUDGEMENT

(1.) THIS revision petition is filed by the younger brother of the original applicant before the Land tribunal and further by his L. Rs to challenge the order dated 12-1-1989 passed by the District land Reforms Appellate Authority, Udupi (formerly D. K. District, not Udupi District), in passing whereof the said Appellate Authority while setting aside the order dated 25-7-1977 in case No. LRY. 55-219. TRI. 1651-76-77 passed by the respondent 2-Additional Land Tribunal, udupi, rejecting the Form No. 7 filed by the original applicant and further, allowed the appeal in part preferred by the original applicant one Chikkadevadiga, the father of the appellants 2 and 3.

(2.) I heard the learned Counsel for the petitioner Smt. S. N. Sudha appearing along with Sri G. S. Visveswara and the learned Government Pleader Sri H. S. Surendra appearing for the respondent 2-Additional Land Tribunal and the respondent 3-State. The contesting respondent 1, the owner of the subject land having been served with notice has remained absent before this Court. I have also perused the case records including the records of the Appellate Authority as well as of the respondent 2-Additional Land Tribunal secured by the Registry.

(3.) I feel it proper to narrate the facts of the case in brief. That the elder brother of the petitioner 1 and father of the petitioners 2 and 3 one chikkadevadiga had filed Form No. 7 on 9-12-1976 before the respondent 2-Land Tribunal claiming occupancy right in respect of 20 cents of Bagayat land (garden land) situated in Sy. No. 49/3b2 in his own name. That the respondent 2-Land Tribunal after issuing notices to the respondent 1-owner herein held an enquiry and by its considered order dated 25-7-1977 in case no. LRY. 55-219. TRI. 1651-76-77 had rejected the claim of the said Chikkadevadiga on the ground that the subject land applied for by him was not an agricultural land. That, the said chikkadevadiga had challenged the said order before this Court in W. P. No. 7476 of 1981. On constitution of the Appellate Authority (which had passed the impugned order herein), the said writ petition came to be transferred by this Court to treat the same as a deemed appeal and further to try the same. That, before the Appellate Authority, the original applicant chikkadevadiga had also produced the certified copy of the registered lease deed registered as document No. 835 of the year 1948 before the jurisdictional Sub-Registrar at Brahmavar, wherein it had been stated that the subject land was leased to the original applicant chikkadevadiga and his younger brother Basava Devadiga, the petitioner 1 herein. He had also produced yet another document, the certified copy of the Commissioner's Report in O. S. No. 273 of 1979 (that suit was filed by the respondent 1-owner as against the original applicant chikkadevadiga ).