M SIDDOJI RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Land bearing Sy. No. 31/2 of Hosahalli Village, Channagiri Tq., Shimoga Dt. measuring an extent of 2 acres was Government land. On 9-1-1963, the competent Revenue Officer granted the said land to respondent No. 3 and also issued a grant certificate on the same day with a condition that the same should not be aliemted for a period of 15 years.

(2.) But, on 26-8-1966, respondent No. 3 in contravention of the non-alienation clause sold the said land to one Doddahalappa son of Kalingappa of Kanivebilchi, Channagiri Tq, for valuable consideration. On the strength of the said sale, Doddahalappa took possession of the land and was cultivating the same. On 16-12-1972, Doddahalappa instituted O S. No. 467 of 1972 in the Court of the Munsiff, Bhadravathi, against respondent No. 3 and three others with whom we are not concerned, for a permanent injunction to restrain them from interfering with his possession of the land, which was decreed by the learned MunsirT on 21-4-1973.

(3.) Sometime in 1973, Doddahalappa is stated to have leased the land to the petititioner, on the strength of which the petitioner entered into possession of the same and has been cultivating ever since then.