GIRIJA Vs. KALYANI, W/O SHIVAPPA

JUDGEMENT

(1.) Respondents 4 to 9 in W.P.(C) 26943/16 are in appeal against the judgment dated 14.12.2017 of the learned Single Judge allowing the writ petition. The writ petition was filed by the first respondent herein challenging Ext.P7 proceedings of the Tahsildar, Manjeshwaram dated 16.6.2016. As per the impugned proceedings, the request of the first respondent for payment of land tax in respect of an item of immovable property comprised in R.S.No.261/5 and 261/4 of Mangalpady Village was declined. The learned Single Judge has, by the judgment appealed against, set aside Ext.P7 and has granted relief to the first respondent.

(2.) The short facts necessary for the disposal of this case are summarised as under:

(3.) The writ petition was contested by respondents 4 to 9 as well as the District Collector and the Tahsildar. According to the appellants, Sri.Jaira Belchappada had no right over the property in question. The property originally belonged to Chiriyanda Belichapada on Darghas right and he had executed a settlement deed on 26.5.1925 bearing registration No.414/1925 of Manjeswar Sub Registry Office. A copy of the same was produced as Ext.R4(a) and the English translation thereof was also produced as Ext.R4(b) . The property covered by the said document was 1.63 acres in Sy. No.112/1, 1.4 acres in Sy.No.112/2, 67 cents in Sy.No.138 and 1.4 acres in Sy.No.139/3 of Mangalpady Village. As per Ext.R4(a) document, Chiriyanda Belichapada settled the property in favour of his sister's son named Dhooma Belichapada and another sister's son Kunhi Belichapada. According to them, it was mentioned in the said document that the property would devolve only to the 'thavazhi' after their death. Therefore, it is contended that the property did not devolve on anyone else. The appellants claimed that they were the successors in female line.