Sunandamma vs The State of Karnataka

B.V. Nagarathna, J.—Petitioners have assailed order dated 24.4.1979 passed in LRA.M. 151-44/76-77 by the second respondent - Land Tribunal, Gowribidanur Taluk, Gowribidanur (Annexure-C to the Writ petitions).

On issuance of notice, learned Government Pleader has appeared for respondent Nos. 1 and 2 and Sri. C.R. Gopal Swamy, learned Counsel, has appeared for respondent No. 3. Respondent Nos. 4 to 7 are served and are unrepresented.

By the impugned order, an extent of 6 acres 28 guntas in Sy. No. 100 of Halehally village, Gowribidanur Taluk, Chikkaballapur District, is granted to Siddappa, Erappa and Muttappa, jointly. It is the case of the petitioners that out of total extent of 6 acres 28 guntas, 2 acres 30 guntas was purchased by one Channamma, mother of the second petitioner and mother-in-law of the first petitioner, under a registered sale deed in the year 1976. Therefore, it is the contention of the petitioners that, that extent of land could not have been granted to Siddappa, respondent No. 3 herein and two other persons.

When the matter was listed before this Court, learned Counsel on both sides took time to explore the possibility of a settlement and today, learned Counsel state that the matter has been settled between the petitioners and respondent No. 3; that the petitioners are willing to pay a sum of Rs. 1,75,000/- in addition to the consideration already paid to respondent No. 3 and respondent No. 3, consequently, agrees for modification of the impugned order to the extent that 2 acres 30 guntas. This land purchased by the predecessor of the petitioners, under a registered sale deed, shall be excluded from the impugned order and that the remaining extent of land measuring 3 acres 38 guntas only shall be granted to respondent No. 3 herein and Erappa as well as Muttappa. Therefore, the parties seek a modification of the impugned order to that extent. Learned Counsel for the parties have also filed a joint memo in that regard.

The second petitioner is present in Court. He has been identified by learned Counsel for the petitioners. He states that the joint memo is signed on his behalf as well as on behalf of petitioner No. 1. Respondent No. 3 is present in Court. He is identified by learned Counsel for respondent No. 3. The parties jointly state that they have agreed to the settlement on their own volition and without there being any coercion from any side and that the writ petitions could be disposed in terms of the joint memo.

The joint memo reads as under:

"JOINT MEMO FILED BY PETITIONERS AND RESPONDENT No. 3"

The petitioners and respondent No. 3 submits as follows:

That, the Petitioners have filed the above writ petition challenging the order passed by the Land Tribunal Gowribidanur in LRA/M/151-44/76-77 dated 24.4.1979 in respect of the land bearing Sy. No. 100 of Halehalli village, Manchanahalli Hobli, Gowribidanur Taluk.

That, the Respondent No. 3 concede that, out of the total extent of 6 acres 25 guntas in Sy. No. 100 of Halehalli Village, Manchanahalli Hobli, Gowribidanur Taluk he being an absolute owner of the property to an extent of 2 acres 30 guntas in Sy. No. 100 of Halehalli Village which was fallen to his share in the partition is alienated by him in favour of Smt. Channamma i.e., the mother of second petitioner and mother-in-law of first petitioner as per the sale deed dated 24.11.1977 which is prior to granting the occupancy rights to him by the Land Tribunal, Gowribidanur on 24.4.1979.

That, the Petitioner No. 1 due to her ill health she could not be able to appear before this Hon''ble court today to file Joint memo and she authorized the Petitioner No. 2 to sign for himself and on behalf of Petitioner No. 1. Thus, this joint Memo is signed by the Petitioner No. 2 for himself and on behalf of Petitioner No. 1.

Now at the instance of the Well-wishers, friends and also at the intervention of this Hon''ble court, both the Petitioners and Respondent No. 3 have decided to settle the issue amicably in the following terms.

i) That the Petitioners have agreed to pay a sum of Rs. 1,75,000/- (Rupees One lakh seventy five thousand only) to the Respondent No. 3 on this day as compensation and accordingly, they paid the said sum to the Respondent No. 3 by way of Cash and the Respondent No. 3 has acknowledged the receipt of the said amount.

ii) That, the Respondent No. 3 declared that, Petitioners are the legal heirs of the deceased Channamma the purchaser of the land bearing Sy. No. 100 measuring 2 acres 30 guntas, Halehalli Village, Manchanahalli Hobli, Gowribidanur Taluk as per the sale deed dated 24.11.1977 and they are the absolute owners and in physical possession and enjoyment of the said land in question.

iii) That, the Respondent No. 3 further agreed to modify the order passed by the Land Tribunal at Gowribidanur in LRA/M-151-44/76-77 dated 24.4.1979 to the extent of 2 acres 30 guntas in Sy. No. 100 of Halehalli village, Manchanahalli Hobli, Gowribidanur Taluk, in so far as the sale deed executed in favour of Smt. Channamma.

iv) That, the Respondent No. 3 undertakes that, he has no objection to get the Khata of the land in favour of the Petitioners. And further undertakes that, the proceedings initiated by his son Sri. Satish before the Assistant Commissioner Chikkaballapura Sub-Division at Chikkaballapur will be withdrawn. If in the event the same is not withdrawn, the petitioners are at liberty to produce the order copy of this Hon''ble Court in the above writ petitions based on this joint memo before the Asst. Commissioner Chikkaballapur and get necessary order in the proceedings.

v) That, the Respondent No. 3, further declare that, either he or his children will not claim any right, title and interest against the Petitioners and also will not disturb or cause interference with the peaceful possession and enjoyment of the land bearing Sy. No. 100 measuring 2 acres 30 guntas of Halehalli Village, Manchanahalli Hobli, Gowribidanur Taluk by the Petitioners.

Wherefore, the Petitioners and Respondent No. 3 pray that, this Hon''ble court be pleased to allow of the Writ Petitions as per the terms and conditions of the joint memo by modifying the order passed by the Land Tribunal at Gowribidanur in LRA/M-151-44/76-77 dated 24.4.1979 to an extent of 2 acres 30 guntas in Sy. No. 100 of Halehalli Village, Manchanahalli Hobli, Gowribidanur Taluk, with no order as to costs, in the interest of justice."

Learned Counsel for the petitioners states that a sum of Rs. 1,75,000/- is being handed over to learned Counsel for respondent No. 3, who has in turn received the same before the Court. It is, accordingly, recorded.

In the circumstances, impugned order dated 24.4.1979 is modified by holding that the grant of occupancy rights in Sy. No. 100 to respondent No. 3, Erappa and Muttappa is to the extent of 3 acres 38 guntas only and that those persons or their legal representatives or successors or alienees or assignees have no right, title or interest in respect of 2 acres 30 guntas, which has been purchased by Smt. Channamma and which is now in the possession and enjoyment of the petitioners herein.

Writ Petitions stand disposed in the aforesaid terms.