PATEL VEERABASAPPA DEAD Vs. BASAMMA DEAD

JUDGEMENT

(1.) this civil revision petition is filed under Section 115 of the Code of Civil Procedure against the Order dated 28-6-1991 'passed in m.a. No. 56 of 1983 on the file of the additional district judge, shimoga, dismissing the appeal and confirming the Order dated 8-8-1983 in v.o.a.c. 6 of 1982-83 passed by the tahsildar, bhadravathi.

(2.) the brief facts of the case of the petitioners are that s. No.33 measuring 21.33 gs., s. No. 35 measuring 1.34 gs., s. No. 37 measuring 9.10 gs. And s. No. 70 measuring 16.33 gs. Of thimmalapura village were patel service inam lands of thimmalapura. Patel veerabasappa was the patel of thimmalapura village till the Karnataka village offices abolition Act, 1961 (for short 'the act') came into force. Prior to patel veerabasappa holding the office of patel, his elder brother sangappa was holding the same. Patel sangappa died in the year 1938 leaving behind only basamma his wife. Basamma, on the death of her husband stayed in her parents house at holegalalu village. Veerabasappa s/o veerappa was appointed the patel of village thimmalapura on 21-1-1940. On his becoming patel, the inam land accrued to him as the holder of the office. Since then, he has been in possession and cultivating the said lands. On 29-12-1966 patel veerabasappa filed an application before the tahsildar for regrant of the land and he has paid taxes in a sum of Rs. 417/- vide challan No. 52. The said veerabassappa died subsequently and these petitioners were brought on record. In the meantime, basamma also filed application. After hearing both the parties, the tahsildar passed an Order holding that these petitioners are entitled for s. Nos. 37 and 70 in all measuring 24-15 acres and Smt. Basamma is entitled to s. Nos. 33, 35 and 70 in all measuring 24.14 acres.

(3.) as against that Order, the petitioners preferred m.a. No. 56 of 1983 before the additional district judge, shimoga. The learned district judge, by his Order dated 28-6-1991 dismissed that appeal confirming the Order passed by the learned tahsildar. The said Order is impugned in this revision petition.