RAMAKRISHNACHARYA Vs. SREENIVASACHARYA

JUDGEMENT

(1.) This Regular First Appeal is directed against the order made in R.I.A. No.88/1967 in O.S.No.38/ 1965 bearing the date 31-3-1977.

(2.) The said order purports to be made in Final Decree Proceedings pursuant to the preliminary decree granted in the aforesaid mentioned original suit No.38/ 1965 on the file of the 1st Additional Civil Judge, Mangalore. The said suit was one for partition. The suit 'B' schedule properties were all agricultural lands assessed to land revenue.

(3.) A perusal of the order shows that the matter had come up before this Court earlier in R.F.A.93/71 and was dispose'd of by a remand by which Court below was directed to proceed in a particular manner. What was pressed before this Court earlier in R.F.A.93/71 was that the allocation of lands in the final decree proceedings, among the parties to the proceedings was such that some of them got larger extent of lands in the partition that were in the occupation of tenants than other sharers. In the result, this Court directed that having regard to the provisions of the Karnataka Land Reforms Act, people who are allotted lands in the occupation of tenants would be hard hit and therefore this Court set aside the final decree proceedings and remanded the matter directing the Court below to keep in mind the lands occupied by the tenants also to be apportioned, as far as possible, equally among all the sharers so that the loss of such lands as a result of the tenants being granted occupancy rights would be equally shared by all. As a result of that remand, the present order and final decree proceedings have been passed.