The original petitioner herein i.e., Smt.Poojamma and

one Sri.Yellappa, had made applications seeking for

conferment of occupancy rights and same were registered as

No.LRF.ATC.1114/1975-76 and No.LRF.ATC.1121/1975-76 by

the Land Tribunal, Anekal. The Land Tribunal clubbed both

the

applications

and

passed

the

following

order

on

14.09.1979. The relevant portion of the order reads as

under:-

"Case No.1114/75-76 and 1121/75-76 are clubbed

and heard together since common survey numbers

and common land are concerned in both in cases.

The petitioner srimathi.Poojamma has deposed

before the tribunal that she is cultivating only 0-.10

in S.No.22/1 and 0-03 in S.No.71 and the rest of

4

the lands are being cultivated by her brother

Sri.Yellappa.

The petitioner have applied to the following

lands and have impleaded Sri.Ahamadulla Khan

S/o Masaluddin Khan and Srimathi.Khafijabi as

respondents as shown below.

1)

Masaluddin. S.No.22/1 Sarjapur

0-29

71 -

0-03

Chickado

25 mmasandra 6-16

2)

Khatijabi

20 Chickado 3-00

mmasandra

The respondent Sri.Ahamadulla Khan, S/o

Masaluddin have deposed before the tribunal on

29.8.1979 admitting the tenancy of the above

properties but prays for retaining 0-29 guntas of

wet land, the Petitioner Sri.Yellappa is not willing

for this proposal, the other respondent Srimathi

Kahatijabi is not present to day and inspite

informing her of the tribunal sitting at Sarjapura

today where she is absent, and her chance is

treated as exparty and further action take. to decide

the case.

Verified K.T.J. in respect of all the survey

numbers an found that Sri.Yellappa's name is

entered in the cultivators column.

In the circumstances it is hereby ordered to

register Srimathi. Poojamma and Sri.Yellappa is

registered occupants to the following facts under

Section 48 A(5) of the K.L.R. Act 1961 as admitted

by Sri.Ahamadullakhan son of Yasaluddin on

29.8.1979 and after treating the absence of

Srimathi Khatijabi as exparty and subject to

payment of occupancy price in a lump sum and

subject to payment of land revenue if any from

1.3.1974.

5

Poojamma - S.No.22/1 0.10.

- 71 0.03

Yellappa S.No.22/1 0-19

Chickkadomma 25 6-16

sandra

20 3-00"

2.

As

could

be

seen

from

the

said

order,

Smt.Poojamma was conferred occupancy rights in respect of

land bearing Sy.No.22/1, measuring an extent of 10 guntas

and land bearing Sy.No.71, measuring an extent of 3 guntas.

Smt.Poojamma did not challenge this order. Thus, the order

of the Land Tribunal conferring occupancy rights in respect of

land bearing Sy.No.22/1, measuring an extent of 10 guntas

and land bearing Sy.No.71, measuring an extent of 3 guntas

of Sarjapur Village was accepted by Smt.Poojamma without

any demur.

The landlord one Sri.Masalauddin Khan through

his legal representative - Sri.Ahamadulla Khan, however,

challenged the order passed in favour of Smt.Poojamma and

Sri.Yellappa, by filing a petition in W.P.No.6270/1981. This

Court by an order dated 27.07.1983, allowed the writ petition

and remanded the matter to the Tribunal.

6

4.

On

remand,

the

landlord

who

had

filed

W.P.No.6270/1981 and the tenant Sri.Yellappa, filed a joint

memo. In the joint memo, the landlord Sri.Ahamadulla Khan

conceded the tenancy and stated that the land as granted by

the Tribunal earlier on 14.09.1979 be confirmed.

5.

The relevant portion of the joint compromise

petition in which Sri.Inayathulla Khan has stated that the land

be granted in favour of Sri.Yellappa, as per the order of the

Land Tribunal reads as follows:-

"The Petitioner admits that in view of the said

Compromise, the Petitioner agrees that the land

granted

in

favour

of

the

Respondent

in

No.LRF.ATC.1114/75-76 and 1121/75-76 were

in accordance with law. The Petitioner also

agrees to