B.V. THAMMAIAH Vs. PADMAMMA

JUDGEMENT

(1.) THE petitioners in joint action seek to quash the order dated 28 -2 -2011 on the file of the Fast Track Court, Bangalore in M.A. No. 52 of 2009 at Annexure -E by which the 6th respondent -Tahsildar is directed to hold enquiry into the application of respondents 1 to 3. Heard the learned Counsel. Perused the records in supplementation thereto which reveals that the petitioners claim to be the owners in possession of land in Sy. No. 77 measuring 34 ¼ guntas of land situate at Kalathammanahalli Village, Hesaraghatta Hobli, Bangalore North Taluk having acquired it in a private sale transaction from its owners under valid sale deed dated 31 -7 -1996. More specifically, they have averred that the first petitioner purchased the land on 31 -7 -1996 as evidenced by the deed of sale Annexure -A and after purchasing it, he executed a deed of gift on 7 -7 -2007 in favour of 2nd petitioner transferring onto her, his right, title and interest therein. A copy of which is at Annexure -A -1. According to them, the predecessor in title viz., respondents 1 to 3, grantees of thotinama land and by virtue of such holdings, had enjoyed the possession and ownership. Pursuant to the Karnataka Village Offices Abolition Act, 1961 (for short, 'the Act') coming into force, the lands were vested with the Government and the holders applied for regrant in the year 1968 which application was favourably considered and regrant was made.

(2.) IN the manner aforesaid, they enjoyed ownership and markable title of property in question. In exercise of that right, they sold the property to the first petitioner on 31 -7 -1996 and relinquished all right, title and interest they had therein. Since then, the first petitioner and second petitioner continued to enjoy the property continuously and uninterruptedly.

(3.) QUESTIONING the said order, the petitioners have assailed the said order on the following grounds: