SHIVAPAL Vs. V. RAMPRASAD

JUDGEMENT

(1.) This intra-court appeal is directed against the order passed by the learned Single Judge in W.P.No.42727/2013 (SC/ST) dtd. 29/9/2015. The aforesaid writ petition was decided along with W.P.Nos.19997 to 19998/2013 by rendering a common judgment. The said writ petition W.P.No.19997-19998/2013 was filed challenging the orders passed by the Karnataka Appellate Tribunal (hereinafter referred to as 'KAT') in Appeal No.980/2009 dtd. 26/4/2013 on I.A.No.10. However, the order passed in W.P.No.19997-19998/2013 is not challenged by the aggrieved party. Therefore, there is no need to discuss about the facts of the said writ proceedings.

(2.) The subject matter of this litigation relates to Survey No.30 of Kadiganahalli Village, Jala Hobli, Bengaluru North Taluk totally measuring 3 acres, out of which the subject matter of case suit is 2 acres. The Special Deputy Commissioner of Inams Abolition, by its order dtd. 15/9/1958, conferred occupancy right in respect of Survey No.30 measuring 3 acres of Kadiganahalli Village of Bengaluru North Taluk in favour of one Kinchanna Bhovi @ Vaddara Channa Bhovi under the provisions of the Mysore (Personnel and Miscellaneous) Inamss Abolition Act. It appears that the said Kinchanna Bhovi had three sons and one daughter by names Sri. Narayanappa, Sri. Gurappa, Sri.Papanna and Smt. Gowramma. After the death of Kinchanna Bhovi, his sons and daughter succeeded to the aforesaid property.

(3.) Respondent No.4 in this writ appeal namely Jadhavaji Nagarwala had purchased an extent of (325+210)/2x(390+372)/2 square feets approximately measuring to an extent of 1,01,917 sq.fts.(approx 2.14 acres), out of the total extent of 3.00 acres of Kadiganahalli village, under a registered sale deed dtd. 20/7/1976 from Sri. Narayanappa, Sri. Gurappa and Sri. Papanna, who were the sons of the original grantee Sri.Kinchanna Bhovi. It is also made clear that they are the legal representatives of Sri. Kinchanna Bhovi. Subsequent to that purchase, Respondent No.4 had also purchased the remaining extent of land in Sy.No.30 under a registered sale deed dtd. 28/7/1978 from Sri. Narayanappa, Sri. Gurappa, Sri. Papanna and Smt. Jayamma. Accordingly, Respondent No.4 had purchased the entire extent of land in Survey No.30 of Kadiganahalli village.