PUTTAHONNAMMA Vs. C GANGADHARA MURTHY

JUDGEMENT

(1.) Leave granted.

(2.) We have heard the counsel for the parties. This appeal by special leave arises from the order of the division bench of the Karnataka High court dated 21/4/1994 made in WP No. 1628 of 1992. The High court in the impugned order has held that since the appeal under Section 50 of the Karnataka Land Revenue Act, 1964 (for short, the 'act') has not been preferred by the appellant, the revision under Section 56 is not maintainable. Therefore, it has remitted the matter to the Assistant Director of Survey and Settlement and Land Records for disposal of the matter in accordance with law in the light of the order made by the Deputy Assistant Director of Land Survey and Settlement Officer in Annx. A dated 7/8/1989. The facts are not in dispute. They are as under.

(3.) In a family partition on 11/2/1953, the properties were divided between two branches. In furtherance thereof, a further partition had taken place on 8/5/19677 in which the properties have been divided between the appellant's husband and the respondents. For the demarcation of boundaries, the appellant had applied to the Assistant Director, Land Records to mutate the lands in her name with the boundaries thereunder. The Assistant Director by his proceedings dated 14/10/1986 demarcated the lands. Feeling aggrieved, the respondents filed an appeal under Section 49 of the Act before the Deputy Director, Land Records who had allowed the appeal and set aside the order by proceedings dated 7/8/19899 and remitted the matter to the Assistant Director to proceed with demarcation in the light of the directions given in the order.