H S LKSHMAMMA Vs. K K AHAMMED KUTTY

JUDGEMENT

(1.) WHETHER purchase of land belonging to a member of Scheduled Caste or Scheduled Tribe, from the Co-operative agricultural and Rural Development Bank in an auction sale, is hit the provision of Section 4 of the Karnataka Scheduled Castes and Scheduled tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('ptcl' for short)is the question involved in this appeal.

(2.) THE facts, which are not in dispute, have to be stated first in order to appreciate the points put forward by the learned Counsel for the parties. The said admitted facts are as under:

(3.) ONE Sri K. K. Ahammed Kutty (plaintiff) filed the suit in question seeking declaration to the effect that he is the owner of the suit schedule property measuring 3 acres in Sy. No. 320/ia situated in Betoli Village of virajpet Taluk, Kodagu District. The said suit property was granted to the 2nd defendant, Smt. Lakshmamma, as a saguvali chit was issued on 10. 2. 1981 by the Tahsildar, Virajpet in her name. The 2nd defendant belongs to schedule caste and she mortgaged the schedule property in favour of the 1st defendant, i. e. , Secretary, Virajpet Primary Co-operative agricultural and Rural Development Bank Limited and availed loan. She did not repay the loan amount and thus the 1st defendant - Co-operative bank obtained a decree against her by order No. 72/91-92, dated 11. 10. 1991. Even after the decree was so obtained, the 2nd defendant failed to pay the loan amount and thereafterwards the 1st defendant -Co-operative Bank filed E. P. No. 50/92-93 before the Deputy Registrar of co-operative Societies, Madikeri for recovery of Rs. 24,000/- from the 2nd defendant and indefault to bring the property under sale by public auction. The auction was held and the plaintiff was successful bidder and accordingly the sale was confirmed in his favour on 27. 12. 1993. Following the amount being paid by the plaintiff, the property was registered in his favour before the Sub-Registrar, Virajpet on 1. 2. 994. All the above facts have not been disputed by the parties before the Trial Court.