IN THE HIGH comer or KARNATAKA AT =
DATED THIS THE 12'"1)AY0F E
%
TIE HON'BLE MR. 1usTic§:%}mAisrn
gmwam: %
1. Smt.Vaai1h$.@A3:3?333.1fif!i if AA
W/o:?;aya;xt1'~ia!§sl:;g'%v% '
3. Sim. su;a.a,44
Wig "
. at C./,o_r N. K. Shoaoy
Binge Ram laugh
% N-:s.A.".5y (W)
39.}, Dimict
* Afl1eirG.£*A Hakim
Sri'.-,I(. Umanaih Pai, 81 yws
S:--'e=K. Anna Pai, Migor
at Pmkwingmii
Mangalom-S75 003 PETTTIONERS
(By Shri. B. L. Aeharya, Advwale)
6
W-'w9%adi S?4"'i4é».«~'
S- % y, 32 years
-- if j§ ' K; 65 years
% wig Late K. Kmnaksha shenoy
L -----Mangai0re~575 cm
% ' 7. Mangalon: TalukI.andTribuml
AND:
I. K. Narasimha Shcnoy
84 years, Merchant
Slo Sri K. Keshava Shcnoy
2. Sri. Baburaya Shcnoy
76 years, Merchant
S/1.1 Sri. Keshava Shcnnqyf _
3- K.GopalaShen1_ay, _ V V.
S/0 Sri.Kes1§xm=a;V'$§1eniqy€ ~ '
' .
4. K.
S10 Late _V Shenoy
Residing at Old 'Main Road
._ Sig Shenoy
Rgz-zidcgt Mannagudde
Manga§9re4575 003
V" Resitiemi. of Mamzagudde
By its Chairman, Mmgalore
Daksflna Kammla District
8
repair, ultimately is not in exisicnce mw except 4
Imus in the compound, as is uommtmifi
therein.
The petitioners salt: in flavour of
N.A.Pai, the peggiagms ms ofthc land
at all points 9? and the petitioners
lacing :9 the estate. The land
was -iwami" V at any pu»m' ioftime.
%%%$ha?%N.A?ai§%%aunfng his life time, had filed an application
thai every nnzulagcni terms!
such an application. Thereafiez', he had
pmpcdy was non-agricultural land and would not
' the gmsdsceim who Land Tribumi and had sought for
@
In this state of aflhirs, respondent-l, who
susgxandcnis 2 to 4, put-femavard a Tisr ltgriantzff ‘
sehudase land by filing an application in pm. %z::
Farm No.7, lhe respondent-1 uf V
the peliiioncrs – N.A.Pai ;m ;..v.,.,;,. the said
Fora} m.7, claimed by
land has ggé late N.A-Pai, though no
Itf-§1’3¢:fi<i£.*r§i-1A,."-i:V: ".t.x:3}usi13n with respondents -2 to 4,
bmlhers has been able £0 Pmduoe
tilled as rent rwcipls, in pmve
_tcna§i3y the nsspondcm-2 and [he £~l. It is
' W H __ mooiageni right having been purchased by N.A.Pai
mo-oiagars, the question of respondent-I paying rents in
A % %L%%%;:isTm1m, resptmdcnt-2 mid not arise at an, unhsss nmolageni
%
land in favour of Psi, would raise the pm:;umpi.um'
active collusion in defeating the right cf '
under Pai. Secondly, the land gs m..;g;m
I findm 8 on 0116 basis of end ev1d6!'!U*" mfive..§il 'a thai V
the land is agricullmal is thcnsfom,
liable In be set at naught 2 '
4. would submit lhal
{he let in by the in
auiving ~ is a rvaiationship of tenancy
mspondenl-2. This is evidenced
produced anti lhctufom, there is no
% j x : Iii’ fine above fatsis and cin:z:mstaa4:es, the tmdisputed rm
that uaoolqeni rights had hem: cmnibned on N.A.Pa;i
T whom [he petitioner claims. There is no zaaterial evidence
aputt from the alleged mm rweipts to evi%c lhai
@»
10
[here was a further transfer of this moolageni .
of vale muuiageni :1!’ by way of m§;i:_iIag¢:m’_ Ht’:=sfu ‘ T
resp1mdcnl—2. H the transfer wgss
by a mgisamd has been
uvcriouked by the it was transfer
by voia with rcfemncc lo
the 19 have confened such
right on in being enabled in
do so. In ékmunwnl in favour of respondent
_ 52, it we the Tfibamal could have primal rm-.
a:t_ a fixiding as to than-. existing any relationship of
‘ H ~ s fly, the finding as to the character of the land being
its aim no! on the basis of mataial documents. The
T of fruit bearing trees on the land, by Sisal}: would not
4 csiabiish the wt that the lands are agdcullural in character. In line
é
11
time of othm’ documents including the origins}
under which the land is described as oi’-at V’ ‘
It is, therefore, M953,-sary that
with regard to the mutant” or
moolagenidam, in the the claim of
“”3I”–“1d<'»fli~2 IQ' i-'i:s£:s}'.' to ttirieierzresgxmdent «-1 is not
evidenced receipts in E! claim as
was essential tint the amine
be evideneeatby It is, thensfore, necessary
'V R31' Secondly, insofar as the character
' , this Ins also been eursority examined by
not in order. Hence, the second question as
to of the land wouid aim have to be examined with
. .f .3, the material that may be pmauwd by the
Accordingly, the writ petititm is allowed and the order of
Y ' the Tsibunat at Annexure–A is quashed. The matter is mmmiea
£3
12
to the: Land Tribuuai for a nuooasidcmiicm
aoourdamx: with law in the light V’
hereinabove. A11;xx.¢enas.msornmpan.es’ % 2 % L
IN’