- (1.) Whether Bhimappa Channappa Kapali (Appellant), who is represented by his legal representatives, was entitled to be declared as an occupant of land comprised in survey Nos. 135/3,135/4,135/7,135/8,135/9,135/ 12,212/2,216/1,219/1 and 223/2 of Village Kabbur, Taluk Chikodi, Karnataka and whether the High Court committed an error by setting aside the order passed by the Land Tribunal, Chikkodi (for short, 'the Tribunal') in favour of the Appellant are the questions which arise for consideration in this appeal filed against the judgment of the Division Bench of the Karnataka High Court.
(2.) Girappa Kamagouda owned the land in question. He is said to have cultivated the land till his death. His wife Shivavva executed gift deed dated 17.1.1961 in favour of Respondent No. 1 Bhimappa Satyappa Kamagouda (grandson of the brother of Girappa Kamagouda) and got the same registered. The gift deed contained a stipulation that during her life time, Shivavva would retain possession of the land for the purpose of maintenance.
(3.) . Soon after executing the gift deed, Shivavva filed O.S. No. 275 of 1961 for cancellation of the gift deed by alleging that she had executed the same due to fraud practiced by Respondent No. 1. Respondent No. 1 contested the suit and denied the allegation that the gift deed was an end product of fraud or misrepresentation.;