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1971 DIGILAW 303 (KAR)

NAMAN KALLAPPA KITTUR v. GUNDU BASALINGA

1971-10-14

JAGANNATHA SHETTY

body1971
( 1 ) THIS revision petition is directed against the judgment of the First addl. District Judge, Belgaum, confirming an order of the Land Tribunal, belgaum, refusing to issue a certificate to the landlord for resumption of the lands under the Mysore Land Reforms Act (shortly called the 'act' ). ( 2 ) AMONG the points raised in this revision petition, the substantial question is as to the meaning and scope of Rule 7 of the Mysore Land reforms Rules, 1965. ( 3 ) THE petitioner is the manager of a joint family owning lands s. Nos. 111 and 104/1 of Basarikatte village, Belgaum taluk, which are in the possession of the tenants who are respondents before me. The petitioner filed a statement under S. 14 of the Act, before the Tribunal for resumption of the said lands on the ground that he bona fide requires the same for cultivation by his family. The Tribunal after enquiry held that the petitioner does not bona fide require the lands for cultivation and the income by the cultivation of the lands sought to be resumed is not | the principal source of income for the maintenance of the family. Incidentally, it also observed that the statement filed by the petitioner under i s. 14 of the Act is defective as the other members ot the joint family who have admittedly some interest in the lands are not made parties to the proceedings. Consequenly, it refused to issue a certificate to the petitioner. Those findings were affirmed by the District Judge on an appeal preferred by the petitioner. He further held that the petitioner though he is the manager of his joint family cannot represent the interests of the other members as under Rule 7, they are necessary parties to the application for resumption. As the other members of the family were not made parties to the proceedings, ho held that the application for resumption was not maintainable. ( 4 ) THE first question in this case is whether to a statement for resumption of lands by a joint family, all the members of the family who have an interest in the lands, should be made parties. The relevant provisions of the Act and the Rules which have a bearing on the question may be noticed. S. 14 of the Act so far as it is relevant provides : "14. The relevant provisions of the Act and the Rules which have a bearing on the question may be noticed. S. 14 of the Act so far as it is relevant provides : "14. Resumption of laud from tenants. " this section does not provide for an application to be filed for resumption of lands. Throughout, it refers to only a statement to be filed, indicating the land or lands owned by the landlord and which he intends to resume and such other particulars as may be prescribed. Rule 7 of the mysore Land Reforms Rules, 1965, provides: "7. Application for resumption of land. . . (1) The statement for resumption of land under sub-sec. (1) of S. 14 shall be in Form I and all persons who have interest in the land to be resumed shall be made parties to it. Form I prescribed under the Rules reads thus :