High Court Karnataka High Court

Smt Akkayyamma vs The Land Tribunal Bangalore South … on 7 November, 2008

Karnataka High Court
Smt Akkayyamma vs The Land Tribunal Bangalore South … on 7 November, 2008
Author: H.Billappa
of the 29" respondent, in respect of Sy.Nos.2/14, 2-',-€15

and 55/ 1 of Anjanapura village.

.4. Aggrieved by that, the _

this Writ petition.

5. In brief, the factseare, eefiiiioner s:I’«1 ‘e~

is the da11ghter–in-law of/’§l’apaIingi»and she is ~enti§.1ed for

a share in the pmpefties evifixout
considering this, in favour
of the 2M of the family
and therefore, sustained in law

and thefeforie,”

6. ux’i’he – for the petitioner

v eentefideél that,’ uti1e,..:2.nd respondent is the member of the

in question are not the tenanted

131921-;”1’s” a11::<;'l. 'fiieiiefere, the Tribune} was not justified in

rights. He also submitted that the

' fieeepondent is the son of Venkatalai-ishmamxna, who

V. Vene of the daughters of late Papanna and therefore,

V fthe impugned order cannot be sustained in law.

L/

7. As against this, the ieamed Government

Pleader submitted that the Tribunal eonsicleiitig-e.eA¢

material on record and also taking into

that the 21″! respondent was ctxltijratixigothe fie

is a deemed tenant, has gran’ ted A’

therefore, the impugxed does. ‘ not for

intexferenoe.

8. I have    submissions

made by the   

9] H’l”hef my consideration is,

for interference?

It to note, the Tribunal has

rights, in favour of the Qmi

1;e°3x5pC~I1<VietAiuf§ej';iii= I;espect of Sy.Nos.2/14, 2/15 and 55/1

[of village, on the ground, the 23" respondent

V' V' '2..f_'}.z§: tenant; The Tribunal has not considered

v§1:1eti1er the 2M respondent was the member of the

V' " or not. Admittecfly, the 231%' respondent is the son

of Venkataiakshxnamma, who is one of the daughters of

late Papanna. Without considerizlg this, the '1'rib1ma.1

L/

has granted accupancy rights and therefore, the

impugned order cannot be sustained in law'.

11. Accordingly, the writ petition is

the impugxed order at Alanexuxir-‘A’» K 2

Tribunal, Bangalore South ‘rank, _

No. LRF:1294/75-76 is quasm ff€f§é”‘mé1tter k A %

is remitted. to the with a to re~
consider the same, -law, by giving
opportunity to V V

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