RAMA SHETTY Vs. DALAPATHY SHETTY

JUDGEMENT

(1.) This second appeal is by the plaintiff who filed a suit seeking a declaration that he is the owner of 1 acre 27 guntas of land, of which the defendant was an occupant as held by the Special Deputy Commissioner and given that status in proceedings adopted under the inams Abolition Act, in which there was a contest, before the Karnataka Revenue Appellate Tribunal between the parties, culminating finally in an order made by this Court in W.P. Nos.539 and 606/1973 on 6-2-1970, under a considered order made by his Lordship Mr.Justice Jagannath Shetty, as he then was, rejecting both the writ petitions as bereft of any substance.

(2.) It would be useful to extract some parts of the order made by his Lordship relating to this

(3.) After the dismissal of the writ petitions referred to supra, the plaintiff went back to the Court of Munsiff, at Mandya seeking a decree in respect of that very item of property alleging that the declaration obtained by his brother at the hands of the inam abolition authorities was void and nonest, because he had no opportunity to participate in these proceedings, and that he had actually been kept in the dark about the proceedings, wherein his brother had purported to act on his behalf although he had no authority to do so and had succeeded in persuading the Inam Abolition Authorities to decJare him as an occupant even in regard to the disputed item of property to which he had no entitlement at all.