JUDGMENT :

Ravi Malimath, J.

Aggrieved by the order dated 13.02.2019 passed by the learned Single Judge in Writ Petition No.4156 of 2019 by which the writ petition was dismissed, the writ petitioner is in appeal.

2. The petitioner filed writ petition under Articles 226 and 227 of the Constitution of India praying to quash order dated 05.01.2019 passed by the 1st respondent - Assistant Commissioner, Tumkuru, and for a direction to the Assistant Commissioner not to vacate the house of the petitioner in Khatha No.152500903800700266 and 77/1 situated at Lakkenahalli, Nagavalli Grama Panchayath, Heggur Hobli, Tumkuru. The petitioner states that the 2nd respondent - Sri Venkatappa, is his father. It is stated that the 2nd respondent has two sons and three daughters and petitioner is his first son. It is stated that the family of the petitioner and the 2nd respondent is a joint family and out of the income derived from the family, 2nd respondent purchased a site in Lakkenahalli Village in the name of his second son L.V. Mudalagiriyappa. Out of the common funds, a house was constructed in the said site bearing No.77/1 in the name of Mudalagiriyappa, wherein the petitioner's family and his p