SARA UMMA Vs. ADAM

JUDGEMENT

(1.) Respondents (1) and (2)- a brother and a sister-applied for resuming 50 cents of land comprised in the holding of the revision petitioner-tenant. The Land Tribunal allowed resumption of 20 cents, and the Appellate Authority concurred. The tenant has come up in revision.

(2.) The application for resumption was filed under S.15 of Act 1 of 1964. The section reads;

(3.) The applicants had averred that they had no residential buildings of their own, that they had no other land, that the 1st petitioner was doing some business in Bangalore, but he had no place to live in on return, that the 2nd petitioner was residing in the family house of her husband who was away at Singapore, that this was embarrassing and inconvenient, and that therefore resumption of 50 cents was needed bona fide for constructing two buildings. In the objections filed by the tenant, the existence of bona fide need was questioned. It was stated that the applicants had other lands and houses. In regard to the 2nd petitioner, a specific plea was also raised that she was living in a house belonging to her husband, that she was pot in need of another house, and that her husband had large extents of other lands where a house could be constructed for her, if at all such separate abode was necessary.