GOVERNMENT OF KARNATAKA Vs. RAMALINGA SETTY

JUDGEMENT

(1.) These four appeals preferred by the Governmcnl of Karnataka are directed against the common Judgment dated 18-12-1978 passed by the Civil Judge, Tiptuf in Regular Appeal Nos. 109/1978,110/1978, 114/1978 and 115/1978.

(2.) The facts leading to these appeals lie in a narrow compass. They are brieflystated as under:

(3.) The Government of Mysore by its order dated 13/14-11-1963 under No. RD 42LKD 63 was pleased to accord sanction for the release of 16 acres of land in Sy. No. 61 of Thirthapura village in Chikkanaikanahalli Taluk, from the date reserve list for cultivation purpose. Sanction was also accorded by the same order to the grant of 8 acres of land each in favour of C.M. Mallappa and C.M. Mallikarjunaiah, out of the released land. It was stipulated in the Government Order that the land granted to C.M. Mallikarjunaiah was free of upset price under P.S.C. Rules and an upset price was required to be fixed by the Deputy Commissioner in respect of the land granted to C.M. Mallappa. In furtherance of the aforesaid Government Order the point open a grant certificate (Ext. P-l) in Form-I under Schedule-E of Land Revenue Rules was issued to C.M. Mallappa by the Tahsildar, Chikkanaikanahalli on 9-12-1963. Similarly, a grant certificate as per Ex. P-19 was issued to C.M. Mallikarjunaiah. In both the certificates a condition that the grantee should not alienate the land within a period of 15 years with effect from the date of grant certificate was imposed. The said condition was inserted by a separate writing in ink in continuation of the printed condition No. 7.