Skip to content


S. Devaraj Vs. Patel Nanjegowda - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKarnataka High Court
Decided On
Case NumberCivil Revn. Petn. No. 601 of 1972
Judge
Reported inAIR1972Kant350; AIR1972Mys350; (1972)2MysLJ141
ActsMysore Land Reforms Act, 1962 - Sections 14, 14(1), 15, 15(1), 16, 16(9), 17, 18, 19, 20, 41 and 58(1); Mysore Land Reforms Act, 1961 - Sections 15
AppellantS. Devaraj
RespondentPatel Nanjegowda
Appellant AdvocateH.S. Shankaranarayana, Adv.
Respondent AdvocateS. Pramila and ;A.R. Nagarajan, Advs.
DispositionPetition dismissed
Excerpt:
.....subject only to the provisions of sub-section (1) of section 15 of the act. 3. the court below was therefore, right in dismissing the application of the petitioner on the ground that he has failed to prove that the income from the lands sought to 'be resumed is the principal source of his income for his maintenance, as required by section 16 (9) of the act......with resumption of lands by soldiers and seamen. the same reads as follows :--'(resumption of land by soldiers and seamen)(1) where the landlord is a soldier or seaman--(a) he shall be entitled to resume land to the extent of the ceiling area whether his tenant is a protected tenant or not; (b) he shall be liable to file the statement under sub-section (1) of section 14 and his tenant shall be competent to make an application under subsection (1) of section 58'.(i) in the case of a soldier in service in the armed forces of the union, within one yearfrom the date on which he is released from the armed forces or is sent to the reserve;(ii) in the case of the father, mother, spouse, child or grand child of a soldier, within one yearfrom the date of the death of such soldier;(iii) in.....
Judgment:
ORDER

V.S. Malimath, J.

1. This is a landlord's revision petition against the order passed by the First Additional District Judge. Bangalore in L. R. Appeal No. 18 of 1971, affirming the order passed bv the Mun-siff, Doddaballapur in R. L. C. No. 1 of 1970. The petitioner is the landlord of the lands in question. He filed a statement under Section 14 read with Section 15 of the Mysore Land Reforms Act, 1961 for resumption of the lands from his tenant, the respondent. The Court of first instance dismissed. the petitioner's application on the ground that the petitioner has failed to prove thai the income from the lands sought to be resumed forms the principal source of his income for his maintenance. That order has been affirmed in appeal by the learned District Judge. Hence this revision petition.

2. Shri H. S. Shankaranarayan, learned counsel for the petitioner, submitted that the petitioner being a soldier, he is not required to satisfy the requirement of Section 16 (9) of the Act. Both the Courts have accepted the petitioner's case that he is a soldier. I have, therefore, to proceed on the basis that the petitioner is a soldier. Section 15 of the Act is a special provision dealing with resumption of lands by soldiers and seamen. The same reads as follows :--

'(Resumption of land by soldiers and seamen)

(1) Where the landlord is a soldier or seaman--

(a) he shall be entitled to resume land to the extent of the ceiling area whether his tenant is a protected tenant or not;

(b) he shall be liable to file the statement under Sub-section (1) of Section 14 and his tenant shall be competent to make an application under subsection (1) of Section 58'.

(i) in the case of a soldier in service in the Armed Forces of the Union, within one yearfrom the date on which he is released from the Armed Forces or is sent to the Reserve;

(ii) in the case of the father, mother, spouse, child or grand child of a soldier, within one yearfrom the date of the death of such soldier;

(iii) in the case of a seaman, within one yearfrom the date on which he ceased to be a seaman.

(c) after a certificate is issued in respect of any land under Section (1) of Section 14. he shall be granted possession of such land as soon as may be after making an application for such possession, but the tenant shall not be dispossessed before the crops, if any. grown on such land by such tenants are harvested.

(2) In respect of any land of which the landlord is a soldier or seaman, the provisions of Sections 14, 16, 17. 18, 19, 20 and 41 and chapter 111 shall, subject to the provisions of Sub-section (1). be applicable mutatis mutandis.' Sub-section (2) of Section 15 specifically states that Section 16 is one of the provisions that regulates the proceedings pertaining to resumption of lands by soldiers and seamen. Sub-section (2) of Section 15 states that the provisions mentioned therein including Section 16 shall regulate the proceedings pertaining to resumption of lands by soldiers and seamen. But, what was urged by the learned counsel for the petitioner is that because the petitioner happens to be a soldier, he is not required to establish that the income from the lands sought to be resumed forms the principal source of his income for his maintenance. The effect of Sub-section (2) clearly is that the provision of Section 16 will apply mutatis mutandis subject only to the provisions of Sub-section (1) of Section 15 of the Act. Sub-section (1) of Section 15 is not in any wav inconsistent with Sub-section (9) of Section 16 of the Act. As there is no inconsistency between Sub-section (1) of Section 15 and Sub-section (9) of Section 16, it is clear that the soldiers end seamen, who seek resumption of lands, have to satisfy the requirements of Sub-section (9) of Section 16 of the Act.

3. The Court below was therefore, right in dismissing the application of the petitioner on the ground that he has failed to prove that the income from the lands sought to 'be resumed is the principal source of his income for his maintenance, as required by Section 16 (9) of the Act.

4. For the reasons stated above, this revision petition fails and the same is dismissed. No costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //