BHOOMIREDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The question which arises for consideration is whether it is possible to construe from an order of grant made in favour of the grantee from whom the petitioner has purchased the land, that the land was granted at an upset price or at a reduced upset price. Depending on the fording on this question, the next question is whether in the facts and circumstances of the case it is possible to construe that restriction is imposed validly on the alienation of the land.

(2.) There is no dispute about the fact that the grant was made in the year 1966, the precise date being 25-6-1966, and the Saguvali chit was issued to the grantee on 31-1-1967. The Saguvali chit does not contain any condition imposing restriction on non-alienation. This is evident from the original Saguvali chits issued to the grantee.

(3.) It is also seen from these Saguvali chits that the lands were granted at an upset price of Rs. 100.00.