TAIBAI Vs. ANNASAHEB GOUDAPPA PATIL

JUDGEMENT

(1.) The appellants in this appeal are the heirs of the original plaintiff. The suit land being Survey No. 133 admeasuring 20 acres 37 guntas is situated in Arntur Village in Bailahongal Taluk in the State of Karnataka. It is vatan land. On the corning into force of the Karnataka village Offices Abolition Act, 1961 on 1/2/1963 the said land was resumed by the State on abolition of all village offices. Section 5 (1 of the said Actprovides for regrant of land resumed under Section 4 (3 to the holder of the village office. Accordingly, the land was regranted to the original plaintiff on 7/4/1978.

(2.) Prior, however, to the regrant of the land in favour of the plaintiff, the plaintiff had entered into an agreement dated 5/8/1977 with the defendant i. e. the present respondent under which she had agreed to sell this land to the defendant for a sum of Rs. 60,000. 00. The agreement recited that an amount of rs 40,000. 00 was paid by the defendant to the plaintiff as earnest money. Possession of the land was also given to the defendant. Accordingly the defendant was in possession of the land since 5/8/1977. The present suit was filed by the plaintiff for possession of the suit land on the ground that the agreement of sale entered into by her was null and void in view of the provisions of the Karnataka Village Offices Abolition Act, 1961 and the karnataka Act 13 of 1978 substantially amending the said Act which came into effect on 7/8/1978.

(3.) Under the Karnataka Village Offices Abolition Act, 1961 Section 5 (1 provides for a land resumed under Section 4 (3 being granted to the person who was the holder of the village office immediately prior to the appointed date on payment of the occupancy price as specified therein.