MUDALAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) BY this petition the transferee has challenged the Order dated 26-4-1991, passed by the assistant commissioner in case No. Lnd. Uag (s) 10/88-89, allowing application under Section 5 of ACT 2 of 1979, that is Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1979 as well as Order dated 21-11-1996, passed in ra. Sc. St (dtch) 8/91-92 by deputy commissioner, tumkur.

(2.) IT is an admitted fact that the land was granted to one ramappa-husband of respondent 4 who belonged to adi-karnataka caste, vide, grant dated 25-12-1961. The total area of the land granted in favour of ramappa was 4 acres. Ramappa sold the land vide, sale deed dated 11-11-1971, in favour of petitioner-mudalappa. The petitioner claims to be in possession of the land on the basis of the sale deed. An application under Section 5 of the ACT having been moved by the second respondent, the assistant commissioner after having made enquiries held that the sale in question was made within a period of 10 years from the date of the grant. It is held that under the amended rules that is rules amended by 1960 rules, the land granted free of cost could not be alienated for 15 years, or land granted to a price less than full market value could not be transferred for 15 years. In the present case the land having been transferred within 10 years from the date of the grant, by sale deed dated 11-11-1971, has been held to be null and void under Section 4 of the ACT and the assistant commissioner directed the restoration of the land to the original grantee or his legal heirs. It no doubt held that respondents are entitled to copy of mahazar made regarding improvements, if any, at the time of handing over of possession.

(3.) THE alienee having felt aggrieved from the Order of the assistant commissioner dated 26-4-1991, preferred an appeal under Section 5-a of the act. The deputy commissioner dismissed the appeal and affirmed the Order of the assistant commissioner. It has been mentioned in the Order that it has not been disputed that the grant had been made subject to non-alienation clause prohibiting transfer of the land for 15 years. When this fact has not been disputed as mentioned in the Order of the deputy commissioner as well, it had to be taken that the grant was for something less than the full market value, even if it was not a free grant and it may be taken not to be a free grant. The appellate authority opined that the grant was subject to the non-alienation condition operative for 15 years from the date of taking possession and as such affirmed the Order of the assistant commissioner.