DESHAIAH Vs. CHINNASWAMY

JUDGEMENT

(1.) This revision under Section 115, CPC is directed against the Judgment of the District Judge, Mandya, dismissing the petitioner's appeal for re-grant of Thoti Service Land measuring 5 acres 19 guntas in Sy. No.131 of Manigere village. This case has a chequered career. Parties to the proceedings have made applications for re-grant of lands before the concerned Revenue Authorities claiming to be the holders of the office of Neerganti and thoti in the village called 'Manigere', Mandya District. The Assistant Commissioner after an enquiry rejected the claim of the petitioner for re-grant of 5 acres 19 guntas in Sy. No.131 of Manigere Village while granting the said land in favour of the respondents. The said order was challenged before the District Judge, who had set aside the order and remanded the matter for fresh disposal. The matter then came before the Tahsildar Maddur. The Tahsildar after fresh enquiry has also come to a similar conclusion and rejected the petitioner's claim for re-grant of land in Sy. No. 131. The learned District Judge before whom the appeal was preferred confirmed the finding of the Tahsildar and dismissed his claim so far as this land is concerned. Hence, this revision.

(2.) The petitioner has confined his case in this revision only in respect of land measuring 5 acres 19 guntas in Sy. No.131 of Manigere village. He claims this land on the ground that the said land is attached to Thoti service inam and he has been performing the thoti service since long. According to him, his ancestors were also cultivating the said land, performing thoti service in the village. However, this claim as stated, is rejected by both the Courts below.

(3.) The contentions of Sri M. Shivappa learned counsel for the petitioner are that the Tahsildar has not conducted the enquiry in accordance with Section 10 of the Karnataka Village Offices Abolition Act, 1961 ('the Act' for short) and therefore required re-consideration. Secondly, he submits that the material on record clearly disclose that the petitioner and his fore fathers were performing the duties of thoti and they were actually cultivating the land measuring 5 acres 19 guntas in Sy. No.131 of Manigere village and is therefore entitled for re-grant of the said land.