SAJJEDA VEERANNA Vs. GOWNDER ERASAYAMMA

JUDGEMENT

(1.) The landlord is the petitioner in this revision application. A petition for resumption of land under S.14 of the Mysore Land Reforms Act, 1961 was filed. That case was fixed for arguments. Arguments were heard on 6th April 1968 and the case was posted for pronouncement of judgment on 10-4-1968. The learned Judge on 10-4-1968 pronounced the order minting the claim of the landlord for resumption of land to the extent of half the area in question. The tenant thereafter preferred an appeal before the appellate Court on 14th April 1969 and made an application for condonation of delay if any, in preferring the appeal. The learned appellate Judge heard the application and the appeal and came to the conclusion that the question of limitation in filing the appeal does not arise and he further observed that even if there is any delay in preferring the appeal, there is sufficient cause for condoning the delay and it is accordingly condoned. Accordinply the learned appellate Judge allowed the appeal and set aside the order of the trial Court. It is the correctness of this order that is challenged in this revision application.

(2.) Two questions arise for consideration in this petition. They are (1) whether the appeal filed before the appellate Court was barred by limitation (2) whether the learned appellate Judge has applied his mind to the question whether the delay in filing the appeal should be condoned. The case was posted for arguments, as already stated on 6th April, 1968. After hearing the arguments the Advocates were notified by the learned trial Judge that the judgment would be pronounced on the 10th April 1968. To the proceedings initiated under the Mysore Land Reforms Act, the provisions of Order 20, Rule 1 CPC. are applicable. It is provided therein that :

(3.) As required by this provision, as the judgment was proposed to be pronounced on a future date, the Court fixed the date and gave notice to the parties that the judgment would be pronounced on 10-4-1968. When such notice is given, it has been held by the High Court of Rajasthan in Thakursing v. Bhaironlal, AIR 1956 Raj. 113 as under: