PUSHPA K POOJARY Vs. SUNDARI HANDTHI AND OTHERS

JUDGEMENT

(1.) The petitioner, who is the daughter of Smt. Appi Poojarthi, has impugned the order of the Land Tribunal, Karkala, dated 04.08.1981 (mentioned as '20.01.1982' in the prayer portion of the petition) in case No. VI.LT.202/1981-82 (Annexure 'H' to the petition). The petitioner has also sought for quashing of Form No. 7 vide Annexure 'K' to the petition filed by Sheena Poojary.

(2.) It is the case of the petitioner that her grandmother, Smt. Giriyamma Poojarthi, had warg right over the properties i.e., wet land measuring 04-13 Acres in Sy. No. 61/7B and dry land measuring 8-26 Acres in Sy. No. 527/1 situate at Marne village, Karkala Taluk, Udupi District, and she was in lawful possession and enjoyment of the said lands. Smt. Giriyamma Poojarthi had mortgaged 05 Acres out of 08- 26 Acres of land in Sy. No. 527/1 and 4-13 Acres in Sy. No. 61/7B in favour of the sixth respondent - Narasimha Hebbar of Kabbinale village.

(3.) Subsequently, the petitioner's mother, namely, Smt.Appi Poojarthi, acquired the land measuring 3-40 Acres in Sy. No. 61/7B and land measuring 5-76 Acres in Sy. No. 527/1B on mulageni rights. The remaining portion of 3-26 Acres in Sy. No. 527/1 continued to be in the possession and enjoyment of Smt.Giriyamma Poojarthi.