RIYAS MUSTHAFA Vs. STATE OF KARNATAKA AND ORS

JUDGEMENT

(1.) Writ petitioner claims to be owner in possession of commercially converted land bearing No.134/2 of Jonnahalli Village, Jala Hobli, Bangalore North Taluk, measuring an extent of 26 guntas and claims right to this land under a registered sale deed dated 4.1.2007 [copy at Annexure-A] said to have been executed by one Mohammed Thanveer, son of C.M. Mohammed, a resident of Bangalore.

(2.) Writ petitioner has pleaded in the petition that the land that he has purchased was originally owned by one Nagappa and others and as an agricultural land and said Nagappa and his wife and children under a registered sale deed dated 12.1.2005 had executed a sale deed in respect of an extent of 26 guntas of land from out of the extent of 31 guntas of land which they had possessed for valuable consideration and also the remaining extent of 5 guntas in this land under the same sale deed in favour of K. Mohan [copy at Annexure-B].

(3.) It is also the version of the petitioner that said K. Mohan had got agricultural land converted to non agricultural commercial purpose and had sold the subject land which he had purchased in favour of vendor of the petitioner Mohammed Thanveer under another registered sale deed dated 2.1.2006 registered at the office of the Sub4 Registrar, Devanahalli, Bangalore. The copy of the sale deed executed by K. Mohan in favour of vendor of the petitioner is produced along with the writ petition as Annexure-E to the writ petition. The claim of the petitioner is that he had purchased from said Mohammed Thanveer which was conveyed under the sale deed dated 2.1.2006 along with other five guntas of land, but so far as petitioner is concerned, he had purchased an extent 26 guntas only.