VENKATARAMANA GOVINDA HEGDE Vs. GAJANANA GANAPATHY HEGDE

JUDGEMENT

(1.) This is the second time that this application for eviction of a tenant under the Bombay Tenancy and Agricultural Lands Act comes up to the High Court.

(2.) The original application made to the Mamlatdar for eviction ot the tenant was rejected by him but allowed upon appeal by the Assistant Commissioner. The Bombay Revenue Appellate Tribunal interfered in revision and remanded the matter back to the Mamlatdar. An application against it under Art. 227 of the Constitution made to the Bombay High Court stood transferred to this High Court under the provisions of the States Reorganisation Act. This High Court remanded the matter back to the original Authority, the Tahsildar. On this occasion, the Tahsildar made an order of eviction on 31st October 1961, which was confirmed on appeal by the Assistant Commissioner on 30th June 1964. During the pendency of a Revision Petition before the Mysore Revenue Appellate Tribunal, the Mysore Land Reforms Act was brought into force on 2nd October 1965. The ground for eviction was three defaxilts in payment of rent. It was argued before the Tribunal that the matter had to be dealt with in accordance with the provisions of sub-sec. (2) of Sec.23 of the Mysore Land Reforms Act. The Tribunal rejected the said contention and confirmed the Order of eviction.

(3.) In this Writ Petition, directed against the said order of the Revenue Appellate Tribunal, the same contention is pressed and in support thereof, two decisions - one of the Supreme Court and the other of this Court following the same,-are cited. The decision of the Supreme Court is Akubai V. Appajji Krishnaji Kulkarni, CA.618/65 dt.1-3-1968, SC.. The decision of this. Court is in the case of Mahabaleshwar Nagappa v. Gopal Venkappa Hegde, (1970) 2 Mys.L.J.23.