RUDREGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the point for consideration is whether the impugned order in each of these writ petitions suffers from any legal infirmity by reason of non-consideration from the existence of a partition among the members of the petitioners' family.

(2.) all the impugned orders in these writpetitions are strikingly similar in content.

(3.) the reasoning of the tribunal is thatthe theory of partition is unacceptable to it because the declaration made in form No. 11 was not filed in accordance with the partition deed. The tribunal has observed that if the filing of the declarations have been subsequent to partition, it would have accepted the theory. Another observation of the tribunal is that there are sufficient reasons to doubt the partition deed itself.