SIDDAPPA Vs. BYATE THIMMAIAH

JUDGEMENT

(1.) this writ petition is devoid of merits and it deserves to be dismissed.

(2.) a few facts that are necessary for the disposal of the writ petition are as follows: *the undisputed facts as found from the pleading as well as in the impugned orders annexures-a and b arc that 4 acres of land in sy. No. (old No. 28) new No. 54 situate in cholapura village, hebbur hobli, tumkur taluk, was granted in favour of hutch byaliah, grandfather of byate thimmaiah, the 1st respondent herein, by the competent authority by an order made on 22-9-1933 under the erstwhile Mysore land grant rules carved out of Mysore land revenue code, subject to cerlain conditions. One such condition was thai the grantee shall not alienate the granted land to anyone at anytime.

(3.) thus, during the course of the enjoyment of the granted land by the original grantee, 2 acres out of 4 acres of granted land came to be sold in favour of thimmaiah fora sum of Rs. 100/- bya registered sale deed da ted 13-6-1944 and the said thimmaiah, inturn, sold it to siddappa, s/o borcgowda, the petitioner herein, by a registered sale deed during the year 1964.