V CHANNANARASIMHAIAH Vs. ADDITIONAL TAHSILDAR BANGALORE NORTH TALUK

JUDGEMENT

(1.) THIS appeal is by the writ petitioner challenging the order of the additional tahsildar, Bangalore south taluk, produced as annexure-'c', dated 20-2-1993. This order was passed under Section 7 of the Karnataka Village Offices Abolition Act, 1961 (hereinafter referred to as 'the act' ).

(2.) THE subject-matter of this writ petition is 1 acre and 10 guntas of land which is ordered to be resumed from the petitioner by the order of the tahsildar evidenced by annexure-'c'.

(3.) THE undisputed facts of this case are as follows: one all adappa was the original haqdar of thotti office of shivanahalli and saneguruvanahalli villages and 1 acre and 37 cents of land in sy. No. 36 of saneguruvanahalli village was one of the properties attached to the said office. Alladappa had two sons viz. , malla and linga. Malla was succeeded by one kombamma and the other branch was succeeded by bylayellamma. Respondents 2 and 3 represent the branch of kombamma. According to the writ petitioner, he is in possession of 1 acre and 37 guntas of land in sy. No. 36 as per the lease of the year 1962 executed by bylayellamma. Thereafter, by a sale deed dated 29-10-1972, the branch of bylayellamma sold the property to the writ petitioner. Thereafter, among other lands, this land was re-granted under the act in favour of two branches of kombamma and bylayellamma by an order dated 13-9-1979. Thereafter, there was a partition on 9-2-1981 between the two branches represented by kombamma and bylayellamma, in which, 1 acre and id guntas of land in sy. No. 36 fell to the share of the branch of kombamma and the rest of the properties in that survey number were allotted to the branch of bylayellamma.