BORA GOWDA Vs. RAMA NAIKA

JUDGEMENT

(1.) The common petitioner in these petitions is admittedly a tenant of the land bearing S. No: 290 of Koppa Village. Maddur Taluk. The land was annexed to a village office held by the respondents. All village offices in the State of Mysore were abolished by Section 4 of the Mysore Village Offices Abolition Act, 1962, ("the Act"). Section 5 provides for re-grant of the land to the holder of the village office. Section 6 provides for re-grant to authorised holders and Section 7 provides for eviction of an unauthorised holder or re-grant to him in certain circumstances. Section 8 is an important one, in so far as these petitions are concerned. It is set out below:-

(2.) We now come to the events leading to the petitions. Respondents filed an application under Section 42 of the Mysore Land Reforms Act, for recovery of rent said to be due from the petitioner for the years 1967-68 and 1968-69. They also filed a statement under Section 14 (1) of the said Act, seeking resumption of the said land from the petitioner.

(3.) In the said proceedings, the petitioner raised a preliminary objection as to the maintainability of the application and the statement. The Tribunal overruled that objection. On appeals, the District Judge affirmed the decision of the Tribunal. Aggrieved by the orders, the petitioner has preferred these two petitions under Article 227 of the Constitution.