STATE OF KARNATAKA Vs. H B MUNIVENKATAPPA

JUDGEMENT

(1.) THIS second appeal is preferred by the State of Karnataka and its officials challenging the Judgment and Decree passed by the Lower Appellate Court in r. A. No. 38/2004 wherein it declined to condone the delay in preferring the appeal and consequently dismissing the appeal.

(2.) THE only substantial question of law that arise for consideration in the second appeal is:

(3.) THE facts leading to the present litigation are as under: the subject matter of these proceedings is land bearing Sy. No. 54 measuring 11 acres 20 guntas situated at Pattandur Agrahara village. As per the survey records it is shown as sarkari Kere (Halla), Jodi inam village from the year 1860 itself. One Gundu Rao, the jodidhar of this land sold the same to Sri. Muniswamappa son of Muniyellappa who in turn sold the same to another Sri. Muniswamappa son of Siddanna. Subsequently, it was conveyed to one Shamanna gowda who in turn sold to Thimmaiah @ thimmareddy. It is from him Captain armugam Pillai Thyagarajan purchased on 7-11-1947. The said jodi inam village including the subject matter of these proceedings vested with the Government of Karnataka under the provisions of the Karnataka (Personal and Miscellaneous) Inams Abolition act, 1954, for short hereinafter referred to as 'the Act' with effect from 1-2-1959. It is after vesting that H. B. Munivenkatappa, the original plaintiff purchased the aforesaid land under a registered sale deed dated 27-12-1960 from Captain Armugam Pillai Thyagarajan.