High CourtsSingle Bench(2012) 06 KAR CK 0134

Sundara Shenoy Since Deceased By Lrs.(Smt Rathna Shenoy (Wife) and Others) vs Smt. Anusuya and Others

Karnataka High Court · Decided on 1 June 2012

HON’BLE JUDGES
Hulunadi G. Ramesh, J
CASE NUMBER
Writ Petition No. 46374 of 2002 (LR)

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Judgment

5 paragraphs · 237 words

Hulunadi G. Ramesh

1.

Petitioners have sought to quash the order of the Land Tribunal dt.31.7.2002 vide Annexure ''A''. Petitioners being aggrieved by the rejection of their claim in respect of the property in Sy. Nos. 32/1 to the extent of 5 cents, 32/8 to the extent of 70 cents and 32/9 to the extent of 1 acre 90 cents claiming that they are the tenants in respect of the said lands, are before this Court.

2.

Heard.

3.

According to the petitioners'' counsel, despite the lease deed being executed by the landlord in favour of original petitioner in respect of the land in question, the Tribunal has granted occupancy rights in favour of Upendra Prabhu and Narasimha Prabhu.. Though, Upendra Prabhu died during the pendency of the matter before the Land Tribunal, his legal representatives have not been brought on record. As such, the impugned order passed is nonest and is liable to be quashed. In view of the fact that Upendra Prabhu''s legal representatives have not been brought on record, the impugned order passed against dead person is nonest. Hence, petition is allowed and the impugned order is set aside. Matter is remanded to the Land. Tribunal. All the contentions are left open to be urged.

Parties to approach the Land Tribunal on 16.07.2012. Thereafter, it is for the Land Tribunal to dispose of the matter in accordance with law, after hearing both the parties.