KUKRAPPA GOWDA Vs. VEERAPPA GOWDA

JUDGEMENT

(1.) 1. In this petition, under Article 226 of the Constitution, the order of the Tahsildar Sullia taluk made under the Karnataka Debt Relief Act (the Act), is challenged.

(2.) On 7-5-1957 certain agricultural lands belonging to the family of first respondent and his brother, were sold to one Kukkannagowda for a consideration of Rs. 8,000/-. The said Kukkannagowda was the decree-holder in O.S. No. 155/55 on the file of the Subordinate Judge's Court. Mangalore filed against the first respondent and his brother Bojagowda. The sale deed contained an agreement to reconvey the property to the vendors-judgment-debtors, if they repaid the sale consideration after five years and within 10 years from the date of sale deed. The vendors did not exercise this right of reconveyance within the stipulated time. Respondent-1 made an application before the second respondent under Section 4 of the Act during 1980-81 and sought relief under the Act for declaring the debt said to have been contracted under the sale deed dated 7-5-1957 and also sought restoration of the half-share in the properties sold under the sale deed dated 7-5-1977.

(3.) Respondent-2, the Tahsildar, by his order dated 10-9-79 declared the transfer, datad 7-5-57 as a mortgage with a condition to reconvey and directed the petitioner to restore to the applicant's possession, his half-share in all the properties sold under the document. This order of the Tahsildar is challenged by the creditor in this writ petition. Several grounds were urged and argued by Sri U. L. Narayana Rao and Smt. Shoba Patil on behalf of the petitioners before me. They are :-