RANGAIAH Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Petitioners claim title through one Muniyamma, said to have held a life interest in several immovable properties including land measuring 31 guntas in Sy. No. 77/1A; 1 acre 9 guntas in Sy. No. 79/1A and; 6 guntas in Sy. No. 55/1B of Byranahalli, Kasaba Hobli, Nelamangala Taluk, Bangalore Rural District. The fact that Muniyamma held a life interest, according to the learned Counsel for the petitioner is in terms of the finding recorded and declaration in the judgment and decree dated 28 -9 -1959 in O.S. No. 300 of 1957 of the Munsiff at Doddaballapur, Annexure -E, instituted by Muniyappa, son of Puttarangaiah, father of the petitioner and on his death represented by his widow and children including the petitioner, arraigning Muniyamma as 1st defendant for declaration of title to the said properties as well as to declare as null and void the deeds of conveyance of the lands by Muniyamma in favour of B.K. Gangabyraiah, the 3rd respondent, since deceased and represented by LR's, respondents 3 to 5 herein. According to learned Counsel in that suit a finding is recorded that one Putta Rangaiah, grandfather of petitioner and Thimmaiah, husband of Muniyamma, were brothers and there was as a fact a release deed executed on 10 -8 -1943 by the said Muniyamma, releasing and relinquishing her right in the lands in question consequent upon the death of her husband Thimmaiah, while rejecting the plea of an earlier partition between the brothers whence the suit schedule lands fell to the share of 1st defendant's husband. In the light of the findings, the Trial Court, it is submitted, declared that Muniyamma was a limited owner having a life interest in the suit properties, and the alienation in favour of Thimmaiah, S/o. Halumathada Thimmaiah/2nd defendant and Gangabyraiah, S/o. Pujari Kambaiah under sale deeds -Exhibits D. 1 to D. 3 were not binding on the plaintiffs after the lifetime of the 1st defendant. Petitioner's peaceful possession and enjoyment of the lands in question, when interfered with by one of the legal representative of B.K. Gangabyraiah, led to institution of O.S. No. 192 of 2014 before the Civil Judge (Junior Division), Nelamangala, arraigning the said person as defendant 1, who on notice, entered appearance and filed written statement dated 16 -9 -2014 disclosing that his father filed an application in Form 7 under Sec. 45(1) of the Karnataka Land Reforms Act, 1961, before the Land Tribunal for being registered as an occupant of the lands in question, amongst others, registered as No. LRF BYA 7/1975 -76, whence by order dated 6 -2 -1976 occupancy rights were conferred upon B.K. Gangabyraiah, since Muniyamma had admitted that the applicant was a tenant for over 20 years. There afterwards, during the year 1981, the name of B.K. Gangabyraiah was recorded in the Revenue Records in M.R. No. 3/1981 -82.

(2.) Petitioner asserts that it is for the first time, in the light of the disclosure in the written statement that he became aware of the proceeding before the Land Tribunal, since admittedly not a party to the proceeding, despite the fact that B.K. Gangabyraiah suffered a judgment and decree dated 28 -5 -1959 in O.S. No. 300 of 1957. On obtaining certified copies of the proceedings, Annexures -L and M of the Land Tribunal, the Tahsildar in reply to petitioner's RTI query, by endorsement dated 7 -2 -2015, Annexure -N, stated that the lands did not vest in the State.

(3.) It appears that one Rangaiah, son of Muniyappa, another Sri Putta Rangaiah, son of Muniyappa and others, Gurudaiah, S/o. late Chikkanna, Range Gowda, son of late Gangappa, Gavi Rangaiah, S/o. late Doddaiah, Kempaiah, S/o. late Doddaiah, of which Rangaiah, S/o. Muniyappa and petitioner filed R.A. No. 169/2014 -15 before the Assistant Commissioner, Doddaballapur, arraigning respondents 3 to 5 as respondents 1 to 3 therein and another B.K. Byregowda, S/o. late Kambaiah as respondent 4 and the Tahsildar as respondent 5, invoking sub -section (2) of Sec. 136 of the Karnataka Land Revenue Act, 1964 calling in question the orders passed in MR Nos. 3/1987 -88 and 13/2000 -01 in respect of Sy. Nos. 771/1A, 79/1A, 55/1A and 55/1B of Byrenahalli and that notice is ordered on the said respondents and the appeal is pending, while the aforesaid orders impugned therein have been stayed by order dated 29 -10 -2014.