S DEVARAJ Vs. PATEL NANJEGOWDA

JUDGEMENT

(1.) This is a landlord's revision petition against the order passed by the First Additional District Judge. Bangalore in L. R. Appeal No. 18 of 1971, affirming the order passed bv the Mun-siff, Doddaballapur in R. L. C. No. 1 of 1970. The petitioner is the landlord of the lands in question. He filed a statement under Section 14 read with Sec-tion 15 of the Mysore Land Reforms Act, 1961 for resumption of the lands from his tenant, the respondent. The Court of first instance dismissed. the petitioner's application on the ground that the petitioner has failed to prove thai the income from the lands sought to be resumed forms the principal source of his income for his maintenance. That order has been affirmed in appeal by the learned District Judge. Hence this revision petition.

(2.) Shri H. S. Shankaranarayan, learned counsel for the petitioner, submitted that the petitioner being a soldier, he is not required to satisfy the requirement of Section 16 (9) of the Act. Both the Courts have accepted the petitioner's case that he is a soldier. I have, therefore, to proceed on the basis that the petitioner is a soldier. Section 15 of the Act is a special provision dealing with resumption of lands by soldiers and seamen. The same reads as follows :-

(3.) The Court below was therefore, right in dismissing the application of the petitioner on the ground that he has failed to prove that the income from the lands sought to 'be resumed is the principal source of his income for his maintenance, as required by Section 16 (9) of the Act.