V. Ramaswami, J.

1. The appellant had encroached upon an extent of 61 cents in S.No. 19 of Maravapalyam village which was classified as Manthai poromboke in the revenue records. Some encroachment proceedings were taken against him. On 31.12.1971 he applied for the assignment of the land on the ground that he is a landless poor. This was rejected by the Collector in his proceedings R.C. No. 68096/71/B.7, dated 4.1.1972. The petitioner preferred an appeal against this order to the Board of Revenue. The Board of Revenue noticed in their order dated 8.9.1972 that the petitioner owned two acres of land in the said village, that he has subsequently sold it to his wife and his sister and that from out of the said amount, he is running a tea shop and a bunk. It was also noticed that he was getting an income of Rs. 10 per day from the tea shop and the bunk, and inasmuch as the petitioner has sold the' land already owned by him and is now running a tea shop and a bunk, he cannot be considered to be a Bona Fide cultivator. On this reasoning, the Board of Revenue rejected the appeal petition. The petitioner preferred a further revision to the Government. The Government after calling for