J V JAHAGIRDAR Vs. S L BIJALI

JUDGEMENT

(1.) This revision petition arises out of an order made in the proceedings for resumption of land under S 14(1) of the Mysore Land Reforms Act (shortly called the Act)

(2.) The petitioner is a co-sharer having two annas share in the land R.S No.234 which is in the possession of the respondent-tenant. He filed a statement under S.14 of the Act for resumption of his share in the land. The Land Tribunal held that the petitioner without impleading the other co-sharers coud not resume his share and it further held that if the resumption was permitted, it would leave a fragment. The appeal preferred against this order was dismissed by the District Judge for the reason that the other co-sharers are necessary parties to the proceedings

(3.) The sole question for consideration is whether one of the co-sharers can file a statement for resumption of his share without impleading the other co-sharers as parties to the proceedings.