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Judgment
Ajit J. Gunjal
The petitioner claiming to be the landlord question the order posted by the Land Tribunal on 10.9.1980. A copy of which is produced at Annexure ''A''.
The original applicant in Form No. 7 is one Michael Moras, who claims occupancy rights in respect of the lands in question. The application is filed as against the husband of the petitioner. The Land Tribunal having regard to the statement made by the husband of petitioner indicating that Michael Moras was cultivating the Sand as a tenant has granted occupancy rights. The wife is questioning the said order which was passed in the year 1960 on the basis of a settlement deed stated to have been executed in her favor in the year 1963.
I am of the view that it is too late in the day for this Court to examine the matter. Indeed, it is to be noticed that the occupancy rights are granted in. favor of the original applicant. The order is of the year 1980. Writ petition is filed in the year 2008 i.e., after lapse of nearly 28 years. Indeed, no prudent litigant would keep away from the Court for a period of 28 years. I am of the view that the writ petition is liable to be dismissed on the ground of latches as well as on the bask of concession wade by the husband of the petitioner. If there is a serious dispute to the title, that is required to be settled between the husband and wife in a competent Court Having said so, I am of the view that the question of interference does not arise. Petition stands rejected.
Sri R. Kumar, learned HCGP is permitted to file memo of appearance within four weeks from today.