1. Venkataramaiha and another K.C. Suresh filed Application in form No.

7 under
section 48(a) (1) of Karnataka Land Reforms Act, 1961 before the Land Tribunal.
Claiming occupancy Rights in respect of lands against the Land lord Sanjeevachari
only (LRF 737, 1247/1974-75).
2. Land tribunal dismissed the application on the ground that, the records have been
verified relating to suit lands and respondent has shown as the cultivator of the suits
land not the petitioner.
3. Against this Land tribunal order, petitioner (Venkataramaiha) filed Writ Petition,
prayed to quash the order of Land tribunal and making Sanjeevachar as R.3 and Patel
Muniyappa as R.4.
4. Writ Petition filed by Vekataramaiha disposed off remanding the matter to Land
Tribunal to hold enquiry in strict compliance of Rule 17 of K.L.R. Rules.
5. Again Land Tribunal, rejected application of the Venkataramaiha.
6. Now, Patel Muniyappa filed suit against Sanjeevachar and K.C. Kushwah for
declaration and injunction, where Sanjeevachari name was deleted. (Order no.
633/1974)
7. The suit no. (O.S. No. 663/1974) of Patel Muniyappa is decreed as prayed for against
D-2 (Suresh) only. It is clear that Petitioner was not in possession till that order. But
only based on collusive decree in above suit the Revenue entries made in the name of
Patel Muniyappa. And this also should be taken into consideration that order has been
passed in pendency of the Land tribunal proceedings, which has no jurisdiction to
pass such order.
8. Now, Patel Muniyappa filed application before Tahsildar to enter his name in the
RTC of seegehalli village by producing the invalid order (O.S. No. 633/74) and such
order was passed by Tahsildar.
9. Such order was set aside by Asst. Commissioner and the case was remanded back to
Tahsildar for fresh enquiry and disposal in accordance with the law.
10. Now, Patel Muniyappa filed Revision Petition before Spl. Dep. Comm. against order
of Asst. Commissioner and such order was upheld by Spl. Dep. Comm. After such
order also the entries made in the RTCs not changed.
11. Patel Muniayappa and his sons executed sale deed in favour of Shantilal Mutha.
Following such deed Shantilal Mutha file suit for specific performance against Patel
 Muniyappa. Sale deed executed before the Sub-Registrar by Patel Muniyappa and his
sons for sale consideration of Rs.3, 40,000/-.
12. Tahsildar, by his order ordered to mutate in the name of Shantilal Mutha and
Jayantilal and such mutation was duly accepted.
13. Venkatachalaiah Son of Sanjeevachari filed revision petition before Spl. Dep. Comm.
Challenging above such order passed by Tahsildar regarding mutation.
14. The Spl. Dep. Comm by his order remanded back to Tahsildar for fresh enquiry and
to take action within two months. But no action was taken by Tahsildar.
15. Venkatachalaiah, K.V. Govindaraju and ors. Filed suit before district court Against
Patel Muniyappa, Shantilal Mutha and Jayantilal Mutha that they are are owner.
16. Trial court admitted that the Venka.. is a nephew of Sanjeevachari, is a class-II heir
but dismissed the suit stating that Patel Anjinigowda became the owner. Suit was
dismissed.
17. Now Venka and K.V. Ors. Preferred appeal in high court of Karnataka, where
applicants filed application under Order 41 22 R/w Sec.151 of CPC to produce the
documents i.e. Adoption Deed and Panchyath Settlement deed to prove the adoption.
And such documents were not available with appellants at the time of filing of suit as
the same were mortgaged with Mr. Ghouse Khan .And high court dismissed the
petition.
18. Now, petitioner preferred appeal in The Hon’ble Supreme Court.