BASAYYA SHIVAYYA PUJAR Vs. NARAYAN SHYASTRI RAMA SHYASTRI

JUDGEMENT

(1.) The following question of law has been referred for the decision of this Court under 8.118(3) of the Mysore Land Reforms Act, 1961 (hereinafter called the Act), by the learned District Judge, Dharwar, by his order dt.!2th June 1970 made in MA. (LR.) No. 10 of 1970: "In view of sub-sec. (10B) of S.16 of the Mysore Land Reforms Act, 1961, are the provisions of sub-sees. (1) to (10) of S.16 of the Act not to be taken into consideration at all while dealing with an application under S.14 of the Act in a case arising in the Bombay area?"

(2.) Since the reference raises an important question of law under the Act, we considered that the assistance of the learned Advocate General is necessary and directed notice to be issued to him. The learned Advocate General has appeared before us and addressed arguments. We are obliged to him for the assistance he has given us. We have also heard Sri C. M. Desai, Counsel for the tenant. The Landlord is not represented before us.

(3.) The respondent before the learned District Judge is the landlord and the appellant is his tenant in respect of NS. No. 96/1B of Kyarkoppa Village in Dharwar district. The landlord made an application for resumption before the Land Tribunal, Dharwar, under S. 14 of the Act. The Land Tribunal ordered resumption in respect of a moiety of the land. Against the said order, the tenant preferred an appeal before the learned District Judge, Dharwar.