K T HUCHEGOWDA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed on behalf of the appellant, for setting aside an order passed by the High Court of Karnataka, rejecting the claim of the appellant that being in possession over the lands in dispute for more than 12 years, he had perfected his title by prescription, as such there was no scope for restoring the lands to the concerned respondent, in accordance with the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as the "Act").

(3.) According to the appellant, the father of the respondent No. 3 (hereinafter referred to as the "respondent") was granted 4 acres of land in village Karakachi on 29-3-1957 by the State of Karnataka, with the condition that he shall not alienate the said land for a period of 15 years from the date of the grant. However, the father of the said respondent transferred 2 acres 20 guntas out of the 4 acres in favour of one Ismail Saheb by a registered sale deed dated 24-4-1965 i.e. before the expiry of the period of 15 years. The said Ismail Saheb in his turn transferred the said land in favour of the appellant by a registered sale deed dated 20-7-1979. The appellant claims to be in peaceful possession of the said land. He also claims to have invested huge sum in the development and cultivation and construction of a residential house over the land in question.