( 1 ) THE petitioner instituted original suit No. 492 of. 1969 in the Court of the Munsiff at Sagar, for a declaration that respondent 1 is not the adopted son of the plaintiff therein and for possession of suit items 1 to 4 and in the alternative, for partition and possesion of one third share in suit items 1 to 6. That litigation culminated in the decision of this Court made in RSA Nos. 254 and 331 of 1953 on the 27th of June, 1956. This Court upheld the adoption of respondent 1 and made a decree for partition and possession, of one-third share in items 1 to 6 of the suit schedule.

( 2 ) SOME of the suit properties are admittedly Patel umbli lands which are governed by the provisions of the Mysore Village Offices Abolition act, 1961, which came into force on the 1st of February, 1963. When the petitioner made a request for transmission of the records to the Collector for effecting partition under S. 54 of the CPC. , respondent 1 objected to the same on the ground that on the coming into force of the Mysore village Offices Abolition Act, 1961, the patel umbli lands stood vested in the State Government and that they could not, therefore, be the subject- matter of partition by the C

Click Here to Read the rest of this document