GEORGE THOMAS Vs. K P KRISHNAPPA

JUDGEMENT

(1.) This writ petition was heard extensively, at some length on earlier occasions and today and I have heard Sri K.G. Raghavan, learned senior advocate, who has appeared for the Petitioner and also his colleague Sri Ganapathi Hegde, who has made elaborate further submissions today.

(2.) In the present writ petition, writ Petitioner, who is son of one C.I. Thomas, claims interest in an agricultural land located in Old Sy No. 28 (New No. 127) of Byrathi village, Bidarahalli hobli (formerly Hoskote taluk, now Bangalore east taluk, to an extent of 2 acres of land in this particular survey number, and is aggrieved by the order dated 22-11-2011 (copy at Annexure-A to the writ petition), where under the right, title and interest, if any claimed by the writ Petitioner as successor to late C.I. Thomas, has been extinguished by invalidating the sale deed dated 9-1-1995 executed by one Ms Dipika Elizabeth Fernandes, who, as per this sale deed, had conveyed 2/3rd share in the property in question in favour of the father of writ Petitioner and of course under the very order, the Deputy Commissioner having given a like treatment to another sale deed of even date, under which Mr. C.I. Thomas had acquired the remaining 1/3rd undivided share in the agricultural land in the very survey number, as per conveyance deed executed by one Mr. Wilson Christy Luther in favour of the father of Petitioner and this order is the cause for the above writ petition.

(3.) I have also heard Sri R. Omkumar, learned AGA and Sri R. Bhadrinath, learned Counsel for first Respondent.