M. YASHWANTH SHENOY Vs. MUNIYAPPA AND ORS.

JUDGEMENT

(1.) Leave granted.

(2.) These appeals are preferred against the judgment dated 8.6.2007 rendered by the High Court of Karnataka at Bangalore in Writ Appeal No. 3901 of 2005, whereby the Division Bench in a common judgment affirmed the decision of the learned single Judge by dismissing the writ appeals. The Appellants herein are prior and subsequent purchasers of the subject property.

(3.) The facts in brief are summarized as follows: One Venugopala Swamy son of Muniyappa filed an application Under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, before the Assistant Commissioner, Bangalore North, stating that his father Muniyappa belonged to scheduled caste and he was granted 1 Acre 13 Guntas of land in Survey No. 69 and 27 Guntas of land in Survey No. 70 of Tubarahalli Village, Varthur Hobli, Bangalore during 1961 in Darkasth and Muniyappa sold the granted lands to Ramaiah Reddy by sale deed dated 9.10.1967 and he repurchased the same under sale deed dated 13.7.1972 and again he has sold the same in favour of Appellant Yashwanth Shenoy and the alienation being in violation of the conditions of grant, it has to be declared as void.