DODDARANGAIAH Vs. LAKSHMAMMA

JUDGEMENT

(1.) This petition is directed against an order made by the learned District Judge at Turnkur in Misc. (VOA) Appea.1 No,.45/ 1972. By that orderder, the learned District Judge set aside the grant made in favour of the petitioner, under the provisions of the Mysore Village Offices Abolition Act (Act), and remitted the matter to the Assistant Commissioner, Tumkur, to re-examine the cases of the parties.

(2.) The petitioners were grantees o certain lands, formerly belonging to a 'Talvari' inam. This grant was made pursuant to, the Act by the Assistant Commissioner on 28-4-1971. The first respondent herein, who was the appellant before the learned District Judge, was not a party to the said proceeding. When the master stood concluded thus, on 20-6-1972 the first respondent herein appealed to the learned District Judge pursuant to the provisions of S.3(2) of the Act. The learned District Judge set aside the grant as aforesaid. Hence, this petition.

(3.) It is relevant to note that the appeal having been filed nearly fourteen months after the date of tile regrant in. favour of the petitioners, a question would arise whether such. an appeal could have been entertained by the learned District Juudge, who, there cannot be much doubt, is a persona designate, far the purposes of that Act. Presumably, thinking that learned District Judge was competent to condone such delay, the first respondent, the appellant before him, made an application under S.5 of the Limitation Act The learned District Judge condoned the delay and made an order as aforementioned.