Karnataka High Court
Ningaiah Uruf Sattaiah vs State Of Karnataka on 1 July, 2008
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
IN' Tim HIGH COURT 0? KARNATAKA, BANGALORE DATED THIS THE 1st DAY OF JULY 200,3 V % BEFORE THE HON'BLE MRJUSTICE B.jsREEra'IvA:"§sc~o1v3:;A%F%_ " ' A WRIT PET1'rI0:~r No.45g45/msgm; BETWEEN: jj % A TJ X Sri.Ningai.-ah Umf Sa?;taiah,.V-~--~-- _ Aged 63 yrs., V 5 S/0. Smt.Nan3'amma, R/at. Netlcalgundi, _ ' SaragurHob.1i., , H.D.Kott3 ta3:1;,k§4::»_. _ " Mysore %%%% PETITIONER (By Si'; for petitioner.) AN¥..'.:» . Tizefitatfi , ~vRepj:e:5¥ai::nted by its Secretary ' of Rcvcrmc, M.$;'B1:1i1d'n:1g Dr. Ambedkar Veedhj, ?3ang}alore--560 001. 2. a win Land Tribunal, " Hegganadevanakotc taluk, ' Hegganadevanakotc, Rep. by its Secretalyf Special Tahsildar, H.D.K£)te taluk, Mysore Dist. 3. Sri. B.T.Srinivasa fycngar, Major, % 3 Sy.No.21 of Halasugr village, Saragur Hobli, H.D. Kate taluk med an application in Form No.7 011 7,14; 19-26 to the 211*' respondent-land Tribunal seeking
her as occupant of the land. The Land iat erder dated 26/5] 1976 meeiooojoei the land. The 3" respondeiatow1ier."chafle:i§p,e(i4_Vthei'; . order of the Land oooie in W.P.No.1914/77. dated 14/ 12/ 1979 a11owedVi:neiviitV iemitted the matter to. the same to both the parties.
by its 2" order dated 28/7] iéei - oece occupancy right in fa\(r3_§?iiti' of said Deveeramma in respect of the land 'oil'; The 3rd respondent again eiiaiienged the J the Land Tribtmal by preferr1n' g ; w.i%woii 18571/31 before this Court. This Court by its K oiee: dated 7/12/1983 allowed the writ pefition and the matter to the Land Tribunal to recensider x "the same afresh in aoeomaooe with law. Accoztim' gly, when the matter was remitted and during the pendency of the proceedings before the Land Tribunal, Smt. fig}/_.
T!' allowed the Writ petition and set aside the ordereef the Land Tribunal dated 29 / 5 /92, permitting to come on record as LR in place of Smt. remitted the matter to the l Whether the petitioner is _L.R not That being so, the "'T.ribunei_ have A rejected the plea of towhetlier he is the LR of 'tile gonad that Will is it is not for the V the genuineness or otheriwise 'oi?' Tribunal was asked to decide iiifieifiitioner is the LR of SE11; Devieeremmaior 1191;, , material available on records viz., with reference to the relationship of g theiigryeiitioiier with the deceased Smt. Deveeramma, by 'V V' V. eoneiclering the genealogical tree and other documents 'A also the statement of the petitioner that there is no legal heir on the husband's side of Suit; Deveeramma and that suit. Ileveetramma had only one sister by name Nanjamma, the petitioner is one among the four sons of said Nanjamma and therefore he is the legal heir of Suit. %_ 8 Deveeramma. Of course it is open to the 3" Ieepoiodent to resist the plea of the petitioner that he is not to Smt. Deveeramma and he cannot be L.R of Smt. Deveeramma and tflerefolfe he.Vie" K V' for gant of occupancy right. '-t11e.}_'d13* the Land in question is is established and the 21%"-.1 issue' "tie11e'r is not related to Smt. .§n:%.R, then also the 3m to the land as the land and therefore, the 'is in rejecting the claim of the the legal heir of petitioner on the produced is not estahlifixed. Sn' KB. vendkae """" 'iizramana, learned H.C.C}.P. invited my 'V the impugned order of the Land and pointed out that the date of Smt. Deveeramma has been referred and there A with regard to the Will executed by her in
-devour of the petitioner. However, it is open to the Lmxd Tribunal to find out whether the petitioner is related to Smt. Deveeramma car not with reference to the provisions under Hindu Succession Act. %..
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10. Sri R.B.Vcnkatarama11a,.1camcd High Government Pleader appearing for Respond<E:I1t:«sf-- ."2 is permitted t0 file memo of weeks.
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