DODDA SIDDAIAH S/O PALLARI SIDDAIAH REPTED. BY ITS SPA HOLDER SRI. S. SIDDAIAH S/O PALLARI SIDDAIAH Vs. K.C. BASAVE GOWDA S/O CHENNABASAVE GOWDA

JUDGEMENT

(1.) THIS appeal is filed against the Judgment and decree passed in R.A. No. 83/2006 on the file of the Fast Tract -1 at Chikkaruagalur dated 02.09.2006 reversing the degree passed in O.S. No. 302/1996 Addl. Civil Judge (Jr.Divn.) Chikmagalur. The trial Court in its Judgment dated 03.12.2001 decreed the suit for declaration and injunction.

(2.) THE plaintiff is appellant herein who made prayer for declaration, declaring the sale deed alleged to have been executed in favour of the respondent is null and void and the same is not binding on the plaintiff. Secondly, he sought for permanent injunction, restraining the defendant.

(3.) ON the basis of the contention and defence taken by the respective parties, issues have been framed. The plaintiff himself was examined as PW1 and in his chief examination he has stated that the land in question was granted with a condition of 15 years non -alienation and by misusing the illiteracy, the defendant got transferred the land. Since it is in contravention of PTCL Act, he preferred appeal before the Asst. Commissioner for resumption and restoration of the land under Section 5 of the PTCL Act. The same came to be dismissed on the ground that sale has taken place after a non -alienation period. On behalf of the defendant, himself was examined as DW1. He has defended his case and stated that there is no contravention of provisions of the Act, Accordingly he submitted to dismiss the suit. Defendant also examined independent witnesses DW2 and DW3.