BHEEMAPPA Vs. HALYANAIKA AND OTHERS

JUDGEMENT

(1.) PETITIONER , is a purchaser of a land, granted in favour of a person belonging to Scheduled Caste community. The grant was in terms of a grant dated 19.10.1956 to the extent of 4 acres 14 guntas in Sy. No. 23/1 of Sadapura Village, Shikaripura Taluk, Shimoga District. It was in favour of one Rama Naika a person belonging to Banjara Community.

(2.) SUCH land was sold by the said Rama Naika in terms of a sale deed dated 12.4.1965 in favour of one Thotappa. Petitioner is a purchaser from this Thotappa in terms of another sale deed dated 7.4.1982.

(3.) THE Assistant Commissioner, however, in terms of his order dated 3.5.2003 rejected the application on an erroneous understanding that the purchaser of the land had perfected his title even by adverse possession and as such the application was liable to be rejected.