MUKTHAR AHMED BAIG Vs. K JAIRAM

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge, who has declined to interfere with the order passed by the Deputy Commissioner as well as the Assistant Commissioner, who have set-aside three sale deeds and directed restoration of the land in favour of the 1st respondent in this appeal.

(2.) The subject matter of these proceedings is land bearing Sy.No.71/3A measuring 4 acres 24 guntas situated in Kareem Sonnenahalli village, Madhure Hobli, Doddaballapur Taluk, Bangalore Rural District.

(3.) The case of the appellant is originally, land bearing Sy.No.71/3 of Kareem Sonnenahalli village, Madhure Hobli, Doddaballapur Taluk, Bangalore Rural District measuring 9 acres 8 guntas was granted to Sri.Kariappa, S/o.Late Muniyappa and Muniyappa S/o. Mariyappa. The said Kariyappa, S/o.Late Muniyappa and Muniyappa, S/o.Mariyappa were equally granted 4 acres 24 guntas each by a common order of the Tahsildar in No. LND/SR/21/1978-79 dated 19.04.1979. The Common Grant Certificate in Form No.1 was also issued on 19.04.1979 itself. A copy of the said Grant Certificate is produced as Annexure 'A'. Thereafter, Sy.No.71/3 was phoded into two portions i.e., Sy. No.71/3A measuring 4 acres 24 guntas, which was granted to Kariyappa, S/o.Muniyappa and Sy.No.71/3B measuring 4 acres 24 guntas, which was granted to Muniyappa, S/o.Mariyappa. As per the grant, the name of Kariyappa and Muniyappa came to be entered in the Revenue Records. True copy of the Record of Rights in respect of Sy.No.71/3A is produced as Annexure 'C'. The Index of land in respect of both Sy. Nos. 71/3A and 71/3B was produced as Annexure 'D'. True copy of the RTC extracts in respect of unphoded Sy.No.71/3 for the period 1974-75 to 1978-79 is produced as Annexure 'E'. The said Sy.No.71/3 measuring 9 acres 8 guntas was a Sarkari pada, which came to be granted in favour of Kariyappa and Muniyappa. True copies of the RTC extracts in respect of Sy.No.71/3A measuring 4 acres 20 guntas from 1989-90 up to 2006-07 are produced as Annexures Rs. F1 to F5' respectively.