PRAKASH TRIMBAKRAO PATWARDHAN Vs. TIPPANNA BHEEMAPPA AKKALE

JUDGEMENT

(1.) This revision petition raises a question under the provisions of the Mysore Land Reforms Act, 1961 and arises in this way: The petitioner-landlord filed an application under the provisions of S.14 of the Mysore Land Reforms Act, for resumption of the land S.No. 20511, 36511 and 36611 of Jugal village, Athani Taluka. All these lands together measured 14 acres 17 guntas. The application was resisted by the tenants. The Munsiff and Land Tribunal at Athani by his order dated 5-4-1969 took the view that S.No.366/l measuring 5 acres and 6 guntas was resumable and the rest of the lands were non-resumable.

(2.) This order made by the Land Tribunal was challenged in appeal before the District Judge. The learned District Judge, by his order dated 29-6-1970, allowed the appeal and set aside the order passed by the Munsiff and ad-hoc land Tribunal and dismissed the application for resumption. The sole reason for arriving at this conclusion given by the District Judge is that under the provisions of S.31B of the Bombay Tenancy and Agricultural Lands Act, the tenant had to be kept in possession of each survey number separately to the extent of half and if that was done it would result in contravening the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. It is the correctness of this order that is challenged in this revision petition.

(3.) The relevant provisions of law governing this matter are the provisions contained in S.16(10B) of the Mysore Land Reforms Act, 1961 (as amended by Act 14 of 1965), which are as follows: