Y B PATIL Vs. Y L PATIL

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the Mysore High Court whereby the High Court dismissed petition under Articles 226 and 227 filed by the appellants to challenge the order dated September 12, 1967 of the Mysore Revenue Appellate Tribunal (hereinafter referred to as the Tribunal).

(2.) The brief facts giving rise to this appeal are that the first respondent applied on April 22, 1959 to the Assistant Commissioner Bagalkot for the restoration of the Patilki watan lands, survey Nos. 32/2, 54/2 and 49/2, under Sections 11, 11A and 12 of the Bombay Hereditary Officers Act (hereinafter referred to as the Act). Possession of those lands was sought on the ground that the appellants, who were strangers, had taken possession of the lands. The Assistant Commissioner, as per order dated August 11, 1960, accepted that application and directed that the possession of the lands be restored to the respondents. Appeal filed by the appellants against that order was dismissed by the Deputy Commissioner as per order dated January 24, 1961. The appellants then went up in revision before the Tribunal. The Tribunal as per order dated May 5, 1962 accepted the revision petition and held that the appellants were not strangers to the watan. In arriving at this conclusion, the Tribunal held disagreeing with the Assistant Commissioner and the Deputy Commissioner that the watan had been acquired by Basangouda I. The respondents challenged the order of the Tribunal by means of a writ petition. The writ petition filed by the respondents was accepted by the Mysore High Court as per judgment dated December 18, 1964, and it was held that it was not open to the Tribunal to reopen and set aside findings of fact in a revision petition. The case was accordingly remitted to the Tribunal for fresh decision in the light of the observations of the High Court.

(3.) When the matter came up before the Tribunal after the above judgment of the High Court, the Tribunal as per order dated September 12, 1967 upheld the findings of the Assistant Commissioner and the Deputy Commissioner that the watan had been acquired by Basangouda II and not by Basangouda I. It may be stated that Basangouda I was the grandfather of Basangouda II and that unless it be shown that the watan had been acquired by Basangouda I, the appellants would have to be held strangers qua the lands in dispute. The Tribunal accordingly dismissed the revision petition which had been filed by the appellants. The appellants thereafter filed petition under Articles 226 and 227 before the High Court and assailed the above order of the Tribunal. The High Court dismissed the writ petition on the ground that the finding that the appellants were strangers to the watan was one of fact and it was not open to the High Court to reopen the concurrent findings of the Assistant Commissioner, the Deputy Commissioner and the Tribunal in a writ petition.