KOLLA BOVI Vs. THIMMA BOVI

JUDGEMENT

(1.) the petitioners have filed this writ petition challenging the legality and correctness of the orders, annexures-d and e, of the assistant commissioner and the deputy commissioner, respondents-2 and 3 herein respectively. They have also sought to quash them for the reasons set out in the petition.

(2.) brief facts of the case are as follows:-five acres of land in sy. No. 16 (gomal land) situated in annehal village, chilradurga taluk, was leased in favour of thimma bovi, respondent-1 herein, by the tahsildar under the lease deed, annexure-a, for a period of five years commencing from 1948-49 subject to certain conditions. It is needless to say that this lease was made under the Karnataka land grant rules made under the Mysore land revenue code then prevailing. It is the case of the petitioners that subsequently respondent-1 obtained an order of confirmation as per annexuf e-b confirming the lease made in his favour. That order was made on the recommendation of the assistant commissioner that the lease made in favour of respondent-1 and others under the grow more food scheme may be confirmed.

(3.) it is not in dispute that out of five acres of the granted land, three acres was sold in favour of kolla bovi, husband of petitioner-1-renukamma, under a registered sale deed dated 9-12-1959 and the remaining two acres was also sold to one durgabovi under a registered sale deed of even date. It is seen from the order of the assistant commissioner at Annexure-D that durgabovi sold the two acres of land purchased by him from the lessee thimma bovi in favour of kolla bovi. Thus, kolla bovi was in possession of the entire five acres of land right from the dates of sale without interruption.