In arriving as this companyclusion, the Tribunal held disagreeing with the Assistant Commissioner and the Deputy Commissioner that the watan had been acquired by Basangouda I. The respondents challenged the order of the Tribunal by means of a writ petition.
Appeal by Special Leave from the Judgment and Order dated 22 9 67 of the Mysore High Court in Writ Petition No.
The appellants thereafter filed petition under articles 226 and 227 before the High Court and assailed the above order of the Tribunal.
The Tribunal accordingly dismissed the revision petition which had been filed by the appellants.
The Writ petition filed by the respondents was accepted by the Mysore High Court as per judgment dated December 18, 1964, and it was held that it was number open to the Tribunal to reopen and set aside findings of fact in a revision petition.
The case was accordingly remitted to the Tribunal for fresh deci sion in the light of the observations of the High Court.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The brief facts giving rise to this appeal are that the first resdent applied on April 22, 1959 to the Assistant Commissioner Bagalkot for the restoration of the Patilki watan lands survey Nos.
V. Gupte, S.S. Javali and B. Dutta, for the Appellant.
When the matter came up before the Tribunal after the above judgment of the High Court, the Tribunal as per order dated September 12, 1967 upheld the findings of the Assist ant Commissioner and the Deputy Commissioner that the watan had been acquired by Basangouda II and number by Basangouda It may be stated that Basangouda I was the grandfa ther of Basangouda II and that unless it be shown that the watan had been acquired by Basangouda I, the appellant would have to be held strangers qua the lands in dispute.
In appeal before us Mr. Gupte on behalf of the appel lants has companytended that the High Court was in error in number interfering with the order of the Tribunal whereby the revision petition filed by the appellants had been dis missed.
2190/67.
K. Verma Mrs. for M s. J.B. Dadachanji and Co.,for Respondents 1 and 2.
The Judgment of the Court was delivered by KHANNA, J. This is an appeal by special leave against the judgment of the Mysore High Court whereby the High Court dismissed petition under articles 226 and 227 filed by the appellants to challenge the order dated September 12, 1967 of the Mysore Revenue Appellate Tribunal hereinafter re ferred to as the Tribunal .
The Tribunal as per order dated May 5, 1962 accepted the revision petition and held that the appellants were number strangers to the watan.
32/2, 54/2, and 49/2 under sections 11, 11A and 12 of the Bombay Hereditary Offi cers Act hereinafter referred to as the Act .
1298 of 1968.
The appellantas then went up in revision before the Tribunal.
Possession of those lands was sought on the ground that the appellants, who were strangers, had taken possession of the lands.
Appeal filed by the appellants against that order was dismissed by the Deputy Commissioner as per order dated January 24, 1961.
The Assistant Commissioner, as per order dated August 11, 1960, accepted that application and directed that the possession of the lands be restored to the respondents.
