T. Laxminarayana Hathwar vs Raghavendra Shanbogue and Others

The petitioner is the purchaser of land in Survey Number 233/3 of Thekkatte Village in Kundapur Taluk in Court auction. He has filed this writ petition seeking to quash the impugned order at Annexure-A, dated 22-10-1980 by which occupancy rights was granted by the Land Tribunal in favour of the 2nd respondent only insofar as it relates to 50 cents in Sy. No. 233/3Pl.

The petitioner filed suit for recovery of money from one Ramachandra Shanbhogue, the brother of 2nd respondent and obtained a decree. In execution of the same, he purchased the undivided share in the land. Thereafter, the petitioner filed suit in Original Suit No. 360 of 1966 for partition and obtained decree and the petitioner got 1/4th share. In Regular Appeal No. 52 of 1979 the Trial Court was directed to refer the matter to the Deputy Commissioner for effecting partition under Section 54 of the Civil Procedure Code. Respondents 1 and 2 herein contended that the 1/4th share of the petitioner is a tenanted land as the land is a joint family property and their possession was that of coparceners.

The Land Tribunal was not justified in granting occupancy rights in respect of the land in question. Once the share in the property is declared in civil proceedings, the status of joint family came to an end. The land purchased by the petitioner belonged to the share of Ramachandra Shanbhogue, who was the 2nd defendant in the suit filed for partition. In respect of the money owed by him to the petitioner, his share was purchased by the petitioner in Court auction much prior to the appointed day, 1-3-1974. Hence, the land could not be tenanted. Consequently, the grant of occupancy right in the land in question was without any basis and without proper application of mind. That apart, the impugned order is not a speaking order insofar as it relates to the land in question. Hence, the same is liable to be quashed only to that extent.

For the reasons stated above, the writ petition is allowed and the impugned order of the Land Tribunal is quashed only insofar as it relates to grant of occupancy rights in 50 cents in Sy. No. 233/3P1. Form 7 filed claiming occupancy rights in this land is hereby rejected. The order of the Land Tribunal is not disturbed in respect of the other lands.