MOHAN M.SHANTANAGOUDAR, J. - (1.) This appeal arises out of order and judgment of the Division Bench of the High Court of Karnataka (hereinafter, 'High Court') dated 26.03.2009, dismissing Writ Appeal No. 7758 of 2003 [ULC] filed by the Appellant herein against the order dated 21.10.2003 passed by the learned Single Judge of the High Court in W.P. No. 35449 of 2001. Factual Background:
(2.) The facts leading to this appeal are as follows: Five properties/Survey Nos. (53-3B2, 53-2A, 53-7, 53-3A, 53-9), totally measuring 3 acres and 11 cents, situated in Ullal village, Mangalore Agglomeration ('joint family property'), originally belonged to the joint family of two sisters, namely, Smt. Korapalu Sapalyathi and Smt. Nemu Sapalyathi. Korapalu Sapalyathi had three children and Smt. Nemu Sapalyathi had seven children. After the death of the two sisters, the Appellant's case is that their ten children benefited through a registered partition deed dated 9.01.1984. Through the said partition deed, Smt. Leela Sapalyathi, daughter of Smt. Korapalu Sapalyathi, allegedly came to hold a share of 1983 sq. mts. of land, including land to the extent of 30 cents falling under Survey No. 53/3A. Likewise, the other nine children of Smt. Korapalu Sapalyathi and Smt. Nemu Sapalyathi are also said to have got their share of the joint family property through the said partition deed.
(3.) The Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter, 'Principal Act') came into force in Karnataka on 17.02.1976. Padmanabha, one of the seven children of Smt. Nemu Sapalyathi, filed a statement under Section 6(1) of the Principal Act on 15.06.1984 declaring the particulars of the joint family property. Thereafter, the Deputy Commissioner and Competent Authority, Mangalore Urban Agglomeration (Respondent No. 2 herein; hereinafter, 'Competent Authority') issued a draft statement under Section 8(1) of the Principal Act to the declarant, i.e., Padmanabha to surrender excess vacant land of 9,489.48 sq. mts, which included land falling within Survey No. 53/3A. In response to the said notice, Padmanabha filed his objections on 1.07.1985 stating that the property belonged to his late mother and her sister and that after their death, the joint family property had been divided through the aforementioned partition deed. He further stated that the individual share of each of the children subsequent to the partition was within the ceiling limit prescribed under the Principal Act.;