NANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present Intra Court Appeal is filed by the appellant against the impugned order, dtd. 26/2/2019, passed in Writ Petition No.52010/2016 by the learned Single Judge of this Court allowing the writ petition filed by one Sri M.B. Nagaraju/respondent No.3 herein and quashing the order, dtd. 20/8/2016, passed by the Assistant Commissioner with an observation that the appellant herein shall be at liberty to take recourse to such remedy as may be available to him under the law.

(2.) It is the case of the 3rd respondent, who is the petitioner before the learned Single Judge that he had purchased a property bearing Municipal Assessment No.3327/3081 measuring East to West 30 feet and North to South 50 feet situated at K.R.S. Agrahara, Ward No.22, Kunigal Town under a registered Sale Deed, dtd. 1/12/2006, in the name of the appellant/Nanjappa with a condition that the same has to be re-conveyed in his name (3rd respondent) and the entire sale consideration was paid by the 3rd respondent. Thereafter, the appellant/Nanjappa herein executed a registered Gift Deed, dtd. 23/2/2011, in favour of the 3rd respondent/M.B. Nagaraju in respect of the said property clearly mentioning in the Gift Deed that the entire sale consideration is paid by the 3rd respondent. Thereafter on 25/2/2016, the appellant/Nanjappa filed an application before the Assistant Commissioner for a declaration that the Gift Deed is null and void and in turn, the Assistant Commissioner by the order, dtd. 20/8/2016, allowed the application filed by the present appellant/Nanjappa, who was the 3rd respondent before the learned Single Judge and cancelled the registered Gift Deed, dtd. 23/2/2011, with a direction to the Sub-Registrar, Anekal, to reregister the right in respect of the said property in favour of present appellant/Nanjappa, which was challenged by the 3rd respondent/M.B. Nagaraju by filing a writ petition i.e., W.P.No.52010/2016 before this Court for the relief sought for.

(3.) The learned Single Judge of this Court after hearing both parties and considering the material on record by the impugned order, dtd. 26/2/2019 allowed the writ petition and quashed the order, dtd. 20/8/2016 passed by the Assistant Commissioner holding that the Gift Deed, dtd. 23/2/2011, does not contain any such stipulation that the transferee shall maintain the Senior Citizen. However, it was observed that the present appellant/Nanjappa would be at liberty to take recourse to such remedy as may be available to him under the law. Hence, the present Intra Court Appeal is filed.