GANGAMMA Vs. VEERAPPA GOWDA

JUDGEMENT

(1.) The petitioner instituted original suit No.492 of. 1969 in the Court of the Munsiff at Sagar, for a declaration that respondent 1 is not the adopted son of the plaintiff therein and for possession of suit items 1 to 4 and in the alternative, for partition and possesion of one third share in suit items 1 to 6. That litigation culminated in the decision of this Court made in RSA Nos.254 and 331 of 1953 on the 27th of June, 1956. This Court upheld the adoption of respondent 1 and made a decree for partition and possession, of one-third share in items 1 to 6 of the suit schedule.

(2.) Some of the suit properties are admittedly Patel umbli lands which are governed by the provisions of the Mysore Village Offices Abolition Act, 1961, which came into force on the 1st of February, 1963. When the petitioner made a request for transmission of the records to the Collector for effecting partition under S.54 of the CPC., respondent 1 objected to the same on the ground that on the coming into force of the Mysore Village Offices Abolition Act, 1961, the patel umbli lands stood vested in the State Government and that they could not, therefore, be the subject- matter of partition by the Collector. The objection was overruled by the Munsiff by his order dt.10th of March 1971. That order was affirmed by this Court in CRP.No.609 of 1971 decided on the 29th of June, 1971.

(3.) After receipt of the records from the "Civil Court the first respondent once again raised a similar objection before the Deputy Commissioner in regard to the partition of patel umbli lands on the ground that they were vested in the State Government with effect from the 1st of February 1962 under the provisions of the Village Offices Abolition Act, 1961. That objection was overruled by the Deputy Commissioner by his order dt. the 8th of January, 1972 produced in "the case as Ext.C. That order was challenged by respondent 1 by way of revision under S.56 of the Mysore Land Revenue Act, 1964, before the Mysore Revenue Appellate Tribunal. The Tribunal, by its order dt, the 15th of November, 1972 allowed the revision petition, set aside the order passed by the Deputy Commissioner and directed that the execution of the decree should be refused until the petitioner establishes her right to 'regrant under Sec.6 of the Mysore Village Offices Abolition Act, 1961. It is the said order of the Tribunal that is challenged by the petitioner in this writ petition.