Smt. Shantha S. Shetty vs Mr. Sheena Moolya, Mr. Rama Moolya, Mr. Povappa Moolya and The Land Tribunal Mangalore

Huluvadi G. Ramesh, J.—Petitioner has sought for quashing the order dated 1.8.2002 passed by the Land Tribunal, Mangalore, Mangalore Taluk, at Annexure-G and also to direct the revenue Authorities to restore the entries in the name of Smt. Mundyappu Hengsu in respect of Sy. No. 261/1 of Kolambe Village, Mangalore Taluk, measuring 1 acre 25 guntas and for such other order. Learned counsel for the petitioner submits that one Sri Seetharama Shetty who is the husband of the petitioner was the absolute owner of the land measuring 1 acre 25 cents of Kolambe Village, Mangalore Taluk. The said land was under personal cultivation and was never let out. According to the petitioner, respondents filed Form No. 7 claiming occupancy rights to the extent of 3 acres of land. The said claim by the respondents was only in respect of 3 acres of land and not in respect of the land in Sy. No. 261/1 measuring 1 acre 25 cents. The grievance of the petitioner is that despite non-mentioning of Sy. No. 261/1, the land Tribunal proceeded to grant occupancy rights in respect of Sy. No. 261/1 in favour of the contesting respondents.

However, according to the learned counsel for the contesting respondents who are said to be the legal representative of the original landlord, the petitioner has no right, title and interest over the property in question.

Heard the learned counsel for the petitioner and the learned counsel for the contesting respondents. On verification of the records what has been noticed is that there is no such mentioning of Sy. No. 261/1. However, in view of the dispute being raised, the impugned order in so far as granting occupancy rights in respect of Sy. No. 261/1. in favour of the contesting respondents is set aside. The matter is remitted back to the land Tribunal for the say of the petitioner in the matter as to whether the petitioner is entitled for grant of occupancy right or not. In the fact situation, there is no claim in respect of the property in question, hence the respondents cannot agitate the issue and claim the same. On establishing succession by the original landlord, it is for the land Tribunal to pass necessary orders in accordance with law. It is for the land Tribunal to dispose of the matter after issuing notice to the concerned including the petitioner.

Writ petition is allowed accordingly.