K P RAGHUNATH Vs. TAHSITDAR CHICKMAGALUR AND ANOTHERACT

JUDGEMENT

(1.) the entire case turns' on the point whether the petitioners took possession ofthe land in question on 5-5-1964 and not on 15-6-1972.

(2.) annexures 'f' to 'h' are challenged in this writ petition on the ground that there is no violation of the alienation clause prohibiting alienation with in aperiod of 15 years from the date of grantof possession.

(3.) the case of the petitioners is that the land grant for the purpose of coffee cultivation. Falls within the ambit of Rule 43-h of the Karnataka land revenue rules (erstwhile Mysore land revenue (Amendment) rules, 1960]. Under sub-rule (5) of Rule 43-h of the rules, it is provided as follows;