SHARDHAMMA Vs. THE DY. COMMISSIONER

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal is arising out of order dtd. 27/7/2010 passed in Writ Appeal No. 1928 of 2004 (SC/ST) by the High Court of Karnataka at Bangalore whereby the High Court has set aside the order passed in Writ Petition No. 50446/2003 dtd. 18/12/2003.

(3.) The facts of the case reveal that four acres of land in old Survey No. 14/1 (New No. 150) of Hosahalli Village, Hulikunte, Hobli were granted on lease through auction conducted by Tehsildar, Sira Taluk to one Shri Ranga @ Rangappa during the year 1946-47 i.e. 1/4/1946 and a Saguvalli Chit was confirmed on 12/5/1954 in his favour. The upset price was paid by Shri Ranga towards the land and Shri Ranga continued to be in peaceful possession and enjoyment of the land in question from 1946 to 1969, i.e., for a period of 23 years. His name continued in existence in the revenue records. Shri Ranga, the land holder (the Grantee), sold the land to the husband of the first appellant, namely, Sri Basavarajappa by way of a registered sale deed and the appellant No. 2 is son of Basavarajappa. Thus, the land in question continued to be in possession of late Shri Ranga and after his death in the name of his wife and son.