JAYASHANKAR Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Heard learned advocate Mr. Vikas for the appellant, learned Additional Government Advocate Ms. Niloufer Akbar for respondent No.1 and learned advocate Smt. Usha Prakash for respondent No.2.

(2.) Preferred by the original petitioners under Sec. 4 of the Karnataka High Court Act, 1961, this writ appeal is directed against the judgment and order of learned Single Judge dtd. 3/3/2023 passed in Writ Petition No.12226 of 2020, dismissing the petition.

(3.) The gift deed was in respect of the properties bearing Survey Nos.99/3, 99/4 and 130/10 situated at Kananuru Village, Kuduru Hobli, Magadi Taluk, Ramanagara District. The Tahsildar, Magadi Taluk, was directed to take steps to cancel the said gift deed and effect mutation entries in the name of one K.V. Nanjappa- the complainant, who happened to be the father of the petitioner-apellant Mr. Jayashankar. 3.1 It was stated in the complaint filed by the said K.V. Nanjappa that he was aged about hundred years and had 4 daughters and 3 sons who all were married and leading their life happily. It was stated that the ancestral and joint properties of the family were partitioned and the complainant had retained one house, certain sites and 5 acres of land. It was stated that the younger son of the complainant-Jayashankar alias Rajanna took the complainant to the Taluka Office by misrepresentation that his presence was needed in respect of pension case and that at same time he got registered a document from the complainant in his favour.