Document Fragment View
Fragment Information
Showing contexts for: tenancy devolving in Poovappa Moily vs Kutty Moily on 18 October, 2022Matching Fragments
14. The plaint averments would reveal that the properties in question were held by Rama Moily as a tenant. This aspect of the matter is not disputed by the contesting respondents. After his demise, the tenancy devolved on his wife Balakka and 10 children. Subsequently, Balakka, wife of Rama Moily filed Form No.7. This Form No.7 was not contested by any of the children, as there was no dispute in the family. The tribunal granted occupancy rights in terms of the order dated 13.09.1980. The contention of the learned counsel for the appellant that the properties should be treated as the exclusive properties of the grantee Balakka has no merit in view of the fact that there is no dispute over the fact that Rama Moily was the original tenant. After his demise, under Section 24 of the Karnataka Land Reforms Act, 1961 his wife and children become the heirs of the deceased Rama Moily and they are entitled to inherited tenancy rights as tenancy rights are inheritable. This being the position, though Balakka alone filed Form No.7 application and occupancy right was granted to Balakka, the grant of occupancy should be treated as a grant in favour of Balakka and her 10 children. Under the circumstances, this Court is of the view that the grant of occupancy rights by the Land Tribunal in the name of Balakka should be construed as a grant in the name of her children as well as Balakka.
15. Defendant No.5 who had taken the contention that Balakka had the exclusive right to execute a Will in respect of these properties has not produced any document to show that Balakka in her capacity individual capacity acquired tenancy. As already noticed tenancy is inherited after the demise of her husband. Thus tenancy right held by Rama Moily would devolve not only on his wife Balakka but also on his children. Thus there is no difficulty in holding that grant of occupancy rights in the name of Balakka has to be construed as a grant in the name of all of the children of Balakka as well as Balakka.