B G GANGADHARAPPA Vs. TAHSILDAR SORABA TALUK SORABA

JUDGEMENT

(1.) This petition is filed by the respon dent in Criminal Revision Petition No. 109/88 challenging the legality of the order dated 1-10-1991 passed by the Addl. Sessions Judge, Shimoga, al lowing the revision petition filed by the respondent and setting aside the order passed by the Addl. JMFC., Sagar in C. Misc. 20/87 allowing the peti tion directing the village accountant to register the death of Smt. Gowramma on 25-1-1985.

(2.) The petitioner filed a petition in C. Misc. 20/87 under Section 13(3), of the Registration of Births and Deaths Act, 1969 ('the Act' for short) read with Rule 10(3) of the Karnataka Registration of Births and Deaths Rules 1970, praying for a direction to the village accountant of Amachi village to register the death of his mother-in-law Smt. Gowaramma, wife of Narayanappa at Amachi on 25-1-1985. The petitioner's case was that his mother-in-law Smt. Gowramma died in her house at Amachi on 25-1- 1985, though the fact of death was informed to the village accountant, the same had not been entered in the death register that petitioner came to know about this fact when he sought for a death certificate, that when he presented an application to the respondent tahsildar he was directed to secure an order from the Court and at that stage he has filed this petition. The respondent in the objections stated that the correct ness of the date of the death mentioned in the petition was not admitted and that the petition was not maintainable under law and that he also had no locus standi to file the petition.

(3.) The learned JMFC recorded the evidence of the petitioner and on the basis of the material on record he held that the petitioner had made out that his mother-in-law died on 25-1-1985 and conse quently he allowed the petition and directed the respondent to register the death of Smt. Gowramma on 25-1-1985.