KAKIBASAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WITH the consent of the learned Counsel appearing for the petitioners and the learned Government Pleader appearing for respondents 1 to 3, this matter is taken up for hearing.

(2.) HEARD the learned Counsels appearing for both the parties.

(3.) THE learned Counsel appearing for the petitioners submitted that a partition was effected on 29-1-1972 amongst the members of the joint family and each son was given his share in the joint family property. After the partition Benakappa and Halappa sold an extent of 2 acres 26 guntas to a third party. Thereafter, Benakappa alone purchased the said property back under a registered sale deed. Pursuant to the said sale deed, mutation entries were effected and the name of Benakappa was entered in the relevant RTC extracts. After the death of Benakappa his l. Rs made partition amongst the family members and applied for change of entries. Pursuant to that, mutation was effected under MR no. 8/95-96 and entries were made in the names of petitioners 2 and 3 as per the sale deed.