- (1.) THIS intra court appeal is preferred by the petitioners in W.P.No.16859/2011 aggrieved by the order dated 29.05.2012 of the learned Single Judge dismissing the petition.
(2.) FACTS not in dispute are: One Naganagouda Patil, said to be the propositus, had eight children, since deceased represented by legal heirs, petitioners and respondents were parties in O.S.No.182/1966 on the file of the Munsiff, Haveri, for declaration, partition and separate possession of several immovable properties including lands in R.S.No.195 and 129/A measuring 20 acres and 31 guntas and 1 acre and 29 guntas, respectively, of Balambid village in Hangal taluk, admittedly, claimed to be in joint possession and cultivation of the siblings, as tenants. In the absence of a dispute lover tenancy claims, an issue over claim of tenancy was not framed and the suit ended in a 13 compromise decree dated 29.09.1966, Annexure-R-3 to the statement of objections of respondents, one of the terms of which reads thus: By this term, the parties agreed that the lands in question since tenanted from the time of their ancestors, and if the property is shown as fallen to the share of one of the parties no disputes would arise, the plaintiff and defendants 1 to 7 to cultivate the lands jointly and as has 14 been done till the present to jointly pay to the Landlord the rent (Lavani)
(3.) THE Deputy Commissioner having initiated action to recover the levy over paddy grown on the said lands, under the Food Control Orders, the petitioners' father responded by an explanation Annexure-R4 to the statement of objections which reads thus:;