LAWS(KAR)-2016-5-11

GANGADHAR S/O RACHAPPA Vs. STATE OF KARNATAKA

Decided On May 12, 2016
Gangadhar S/O Rachappa Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) Petitioner is stated to be a notary public and is arraigned as accused No.8 before the Trial Court. It transpires that one Madhava, son of Parashurama Kulkarni, a resident of Bangalore, had filed a complaint before the Dharwad Sub -Urban Police Station, Dharwad, on 27.2.2013 stating that he worked as a public servant in the Postal Department, Karnataka State and during his service he was transferred to many districts in the State of Karnataka. In the year 1998, when the complainant was working in Dharwad, he was a member of Hoysala Nagara House Building Co -operative Society and he had purchased a Plot No.35, carved out of Block No. 28 of Sanna Somapura Village, which was registered under a registered sale deed dated 30.7.1988. Accordingly, in the year 1988 - 89 his name was mutated in the record of rights in respect of the property so purchased. He was then transferred from Dharwad to Bangalore and in the year 1996 he retired from service on attaining the age of superannuation and now he is permanently residing in Bangalore.

(3.) It transpires that he went to pay the property tax in respect of the said property on 21.2.2013 and it was learnt that the property was shown as standing in the name of Prashanth, son of Shivalingappa Tirakannavara. He had immediately applied for a certified copy of mutation entries of earlier extracts and found the name of one Dundappa, son of Shankarappa, who had under a General Power of Attorney sold the property to Ananda Narayana Kalala on 18.1.2010, who in turn sold the property to the present holder.