PUTTANNAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT Petition by persons who claim right, title and interest to a piece of agricultural land measuring an extent of 15 acres 39 guntas in survey No. 71 of Dodderi Village, Tavarekere hobli, Bangalore South Taluk, in terms of a sale deed dated 19-8-1942 where under one N. S. Gurappa under whom the petitioners claim had purchased the property in question in a Court auction sale, a sale deed said to have been executed in the course of execution of a mortgage suit in OS No. 401/1935-36 in terms of the Judgment and Decree dated 21-8-1936 though described as an ex parte decree said to be obtained by fraud etc. , as averred by the respondents, but, nevertheless, which had attained finality.

(2.) THE only one prior development that may be incidental and which may be necessary to be noticed here is, it appears even earlier, in so far as the land in question is concerned, there was a revenue entry in respect of this land indicating it as phada as the owner of the land who had mortgaged the land in favour of the decree holder in the suit, had defaulted in paying the land revenue to the State and after certain proceedings under the Mysore Land Revenue Code, 1888 (for short 'the Code') as it prevailed at the relevant point of time, the land had been forfeited to the State and the revenue entry was indicated to be as 'phada'. It appears the Court proceedings went to oblivious of this development. The present petitioners claiming under the sale transaction of the year 1942, it appears had applied to the Tahsildar praying for changing the revenue entries from the entry as 'phada 'to the name of the petitioners on the strength of the sale transaction dated 19-8-1942.

(3.) IT appears, the fifth respondent had also filed an application before the Tahsildar for restoration of his name instead of phada, taking advantage of the Government Notification dated 29-4-1995, pursuant to the introduction of second proviso to sub-section (1) of Section 163 of the Karnataka Land Revenue Act, 1964 (for short, the Act), where under the action by the tahsildar declaring any such occupancy or alienated holding to be forfeited in favour of the State for arrears of land revenue is an action to be taken only in a situation where the arrears of land revenue exceeds Rs 10,000/- and not otherwise and as a follow-up action, this notification was issued indicating that even in respect of the earlier forfeitures, where the forfeiture was for arrears of land revenue less than Rs. 10,000/-, such persons may seek for cancellation of the forfeiture and for restoration of the original entry in their favour. The Tahsildar while allowing the application filed by the fifth respondent, who had claimed under the continuation proceedings of the year 1942, rejected the application of the present writ petitioners.