HUSSEINSAB IMAMSAB BALLEKKAI Vs. VEERABHADRAPPA MALLAPPA GULEDGUD

JUDGEMENT

(1.) This petition under Article 227 is directed against the order made by the Karnataka Revenue Appellate Tribunal in Appeal No. 384 of 1970 (MLR) and it arises in this way.

(2.) The petitioners obtained a decree in the partition suit No. 291 of 1946 from the court of the Civil Judge, J. D., Bagalkot. The decree declared 7/24th share to the petitioners in the undivided estate assessed to the payment of land revenue. The said decree was transmitted to the Deputy Commissioner. Bijapur on 21st March, 1961 for effecting partition, in terms of the said decree.

(3.) The Assistant Commissioner who was competent to divide the lands, found that one of the lands could not be divided without contravening the provisions of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. He accordingly reported the matter to the Civil Court. On 23rd September, 1961. the Court directed the sale of the land among the share-holders and to pay the sale proceeds to the petitioners as per their share. Undisputed-ly, the Court directed the sale under Section 2 of the Partition Act. 1893. The sale was finally held by the Assistant Commissioner on 20th October, 1967 in which respondent 2 was the highest bidder. On the 20th November. 1967 the petitioners filed an application before the Assistant Commissioner, under Order XXI, Rule 90 read with Section 151 C. P. C. for setting aside the sale contending that it was vitiated by material irregularities in publishing or conducting the sale. The Assistant Commissioner rejected the application on merits. On 22nd March, 1968, he confirmed the sale.