S SUMITHI Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) THE petitioners are before this Court assailing the order dated 14.01.2011 which is impugned at Annexure-G to the petition. By the said order, respondent No.1 has reviewed the khatha entry No.94/2009-10 which subsisted in the name of the petitioners herein and has ordered that the same be registered in the name of respondent No.4 herein. It is in that context, the petitioners are assailing the said order.

(2.) THE brief facts are that the petitioners claim to have purchased the property bearing khatha No.26 situate at Doddanekundi, 2nd Phase, Industrial Area, Hoodi village, K.R. Puram Hobli, Bangalore, under a sale deed dated 13.07.2009. The petitioners contend that the property has been purchased from the General Power of Attorney of respondent No.4 herein who was the owner of the property. In that circumstance, relying upon the sale deed, the petitioners have sought for change of khatha to their names and accordingly, respondent No.3 is stated to have considered the same and the khatha has been entered. The Uttara Patra in that regard is relied upon as at Annexure-B and pursuant thereto, the property was assessed to tax and the petitioners have also paid the tax.

(3.) LEARNED counsel for the petitioners while assailing the order would contend that respondent No.4 has neither questioned the sale deed nor revoked the General Power of Attorney under which the petitioners claim right to the property in an appropriate forum and therefore, at this juncture, no contention in that regard could have been put forth before respondent No.1 and respondent No.1 could not have in any event adjudicated that aspect of the matter.