BHAGI HENGSU Vs. ROCKY LASRADO

JUDGEMENT

(1.) this case having been set down for being spoken to to-day, we heard learned counsel on both sides and the order made 20-7-1990 is recalled.

(2.) the property forming part of this appeal originally belonged to one maire hengsu. She died leaving behind chandu. The said chandu executed a testament in favour of rama maistry, a person belonging to scheduled caste, who is the husband of the appellant. After the death of chandu, rama maistry became entitled to the property. That was numbered as survey No. 181-3. In the record of rights, name of rama maistry was shown as person in possession of the property.

(3.) the said rama maistry sold property to one sunder kunder under registered sale deed dated 27-10-1975. Thereafter, the property was sold in favour of the first respondent. On a complaint by the appellant to the assistant commissioner, he instituted proceedings under the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, 1978 (hereinafter called the act). The assistant commissioner, third respondent herein, held that purchase was made in contravention of the grant and therefore he declared the same to be void and directed 4th respondent to take possession. Concerning this, the writ petition was filed in W.P. No. 13789 of 1981. The learned single judge held having regard to the facts that the grant was only in favour of a person belonging to the native of state of india, it will be valid and reversed findings of the assistant commissioner. It is in these circumstances, the present appeal.