BHARATHAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant, who is the daughter of late Ramakrishnappa, has filed the present appeal impugning an order dtd. 15/11/2024 passed by the learned Single Judge of this Court in WP.No.20995/2024 (SC-ST). The appellant had filed the said petition impugning the order dtd. 22/9/2023 passed by respondent No.2 [the Deputy Commissioner], setting aside the order dtd. 19/4/2022 passed by respondent No.3 [the Assistant Commissioner], restoring the subject land in favour of the legal heirs of late Ramakrishnappa [original grantee].

(2.) The land measuring 2 acres and 37 guntas falling in Survey No.54 (New Sy.No.160) of Nugathahalli Village, Nandi Hobli, Chickballapura, was granted in favour of the original grantee, late Ramakrishnappa. On 10/8/1982, the saguvali chit was issued in favour of the original grantee with a condition that the subject property would not be alienated for a period of fifteen years.

(3.) One Sri. N. M. Muniyappa claimed that he acquired title to the subject property pursuant to a deed of settlement of partition dtd. 15/12/1991. He claimed that the subject land came to his exclusive possession in 1991. On 24/8/1996, he filed a suit, OS.No.368/1996, inter alia, praying for a declaration that he was the absolute owner of the subject property and further restraining the original grantee and his wife (who were arrayed as defendants in the suit) from entering upon or otherwise interfering in his peaceful possession of the subject land.