Mr Stany Saldanah vs The State Of Karnataka
2022 Latest Caselaw 252 Kant

                             1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6TH DAY OF JANUARY, 2022


                         PRESENT

       THE HON'BLE MR. JUSTICE P S DINESH KUMAR

                           AND

     THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

         WRIT APPEAL NO. 3546 OF 2014 (LR)

BETWEEN:


MR. STANY SALDANAH
S/O LATE CHARLES SALDANAH
AGE: 67 YEARS
OCC: AGRICULTURE
R/AT MULLADKA VILLAGE
KARKALA TALUK
UDUPI DISTRICT
PRESENTLY R/AT SHANKAR NAGAR
3RD CROSS, MANDYA
MANDYA DISTRICT-571 401

SINCE DEAD BY LRS

1.     MRS. BENDICTA SALDANAH
       D/O. LATE CHARLES SALDANAH
       AGED 67 YEARS
       R/AT NO.3928, 'PREETHI SAGAR'
       3RD CROSS, SHANKAR NAGAR
       MANDYA-571 401

2.     MR. JOBHA SALDANAH
       S/O LATE CHARLES SALDANAH
       AGED 61 YEARS
                                 2




       R/AT YADAVAGIRI
       2ND STAGE, MYSURU CITY
3.     MRS. AGNES SALDANAH
       D/O LATE CHARLES SALDANAH
       AGED 59 YEARS
       R/AT 'CHETHANA NILAYA'
       2ND CROSS, MANDYA-571 401
                                    ...APPELLANTS

(BY SHRI.V.R.PRASANNA, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     REP. BY ITS SECRETARY
     DEPT. OF REVENUE
     M.S. BUILDING
     BANGALORE-01

2.   THE LAND TRIBUNAL
     REP. BY ITS CHAIRMAN
     KARKALA TALUK, KARKALA
     UDUPI DISTRICT-574 104

3.   MRS. LUCY SALDANA
     AGE: MAJOR
     R/AT "SALDANAH GARDEN"
     NEAR RAMA SAMUDRA
     KARKALA KASABA VILLAGE
     KARKALA TALUK
     UDUPI DISTRICT-574 104
4.   MRS. ROSY IRENE MENEZES
     AGE: MAJOR
     R/AT "VALANTINE APARTMENTS"
     FLAT NO.20, TANK ROAD
     OPP: CREST MEDICALS
     ORLEM, MALAD (WEST)
     MUMBAI-64

5.   MRS. FLAVIA MATILDA D'SOUZA
     AGE: MAJOR
     R/AT "VALANTINE APARTMENTS"
                               3




     FLAT NO.13, TANK ROAD
     OPP: CREST MEDICALS
     ORLEM, MALAD (WEST)
     MUMBAI-64

6.   MR. FRANCIS DEEPAK SALDANAH
     AGE: MAJOR
     R/AT "SALDANAH GARDEN"
     NEAR RAMA SAMUDRA
     KARKALA KASABA VILLAGE
     KARKALA TALUK
     UDUPI DISTRICT-574 104
                                             ...RESPONDENTS

(BY SHRI. H.R.SHOWRI, AGA FOR R1 AND R2;
    R3 TO R6 SERVED)

      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA     HIGH   COURT   ACT   PRAYING   TO   SET    ASIDE
THE ORDER PASSED IN THE WRIT PETITION NO.36274/2014
DATED 05/11/2014.


      THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, P.S. DINESH KUMAR J, DELIVERED THE
FOLLOWING:-


                        JUDGMENT

Heard Shri V.R.Prasanna, learned advocate for the

appellants and Shri H.R.Showri, learned AGA for the State.

2. For the sake of convenience, parties shall be

referred as per their status before the Land Tribunal.

3. Shri Prasanna submitted that petitioner's father Shri

Charles Saldanah has filed Form-7 as per Annexure-B,

wherein he has made a specific endorsement that one half

of the property was owned by him and his claim for

occupancy rights was restricted only to the extent of other

half. However, Land Tribunal has granted occupancy

rights in respect of the entire land. Therefore, after the

death of his father, petitioner filed an application seeking

rectification of the order. The Land Tribunal, vide order

dated May 13, 19931, has withdrawn it's earlier order

dated January 10, 1979, and granted occupancy rights in

respect of 0.27 Acres in Sy.No.18/12C. The said order is

illegal. He submitted that withdrawal of previous order is

illegal and unsustainable. The Hon'ble Single Judge,

having considered petitioner's case, has recorded a finding

that the petition is liable to be dismissed on both grounds

i.e., delay and also on merits.

TRL No.816/1977-78

4. We have carefully considered rival contentions and

perused the records.

5. Petitioner's specific case is that he was a tenant

under his uncle, Jerome Saldanah. But there is absolutely

no record to substantiate this contention. In that view of

the matter, the land Tribunal has restricted the occupancy

rights in respect of 0.27 Acres in Sy.No.18/12C.

Although, Shri Prasanna sought to place reliance on letter

dated December 12, 19772, purported to have written by

his uncle, Jerome Saldanah stating that he had no

objection to transfer whole property in the name of

Charles Saldanah (petitioner's father), the same cannot be

considered because none has testified its existence.

6. Annexure-C shows that Jerome Saldanah had no

objection for transferring land in favour of Charles

Saldanah. Admittedly, he is petitioner's uncle. There is

no material on record to show that the petitioner's father

was a tenant in respect of half of the land claimed by the

Annexure-C

petitioner's father in Sy.No.18/12. Therefore, in our

considered view, the Hon'ble Single Judge has rightly

recorded that there is no evidence to show that the

petitioner was a tenant. In addition, petitioner has

challenged the order passed in the year 1993 in the year

2014, after a lapse of nearly 21 years.

7. In view of the above, we find no ground to interfere

with the order passed by the Hon'ble Single Judge.

Resultantly, this appeal fails and it is accordingly

dismissed.

No costs.

Sd/-

JUDGE

Sd/-

JUDGE

AV