MALLAMMA W/O BYLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel for the respondents.

(2.) The undisputed facts in this case are that the lands comprised in Sy.No.4/7 of Somashetty village of Chennagiri Taluk, Davangere District was granted to the father of respondent No.5 on 11.06.1954 and that father of respondent No.5 executed the sale deed in favour of one Kallappa on 06.01.1975 i.e., after the completion of the 20 years prohibition period. That in respect of 1 acre 5 guntas, the said Kallappa executed the sale deed in favour of the instant petitioner.

(3.) That the application came to be instituted by respondent No.5 in the year 2013-14 under the provisions of Sections 4 and 5 of the PTCL Act. That the respondent No.3 after hearing the parties was pleased to reject the application preferred by respondent No.5 by order dated 29.11.2014. Being aggrieved, respondent No.5 preferred an appeal before respondent No.2 and respondent No.2 by order dated 24.06.2016 was pleased to allow the application by holding that there is violation of Sections 4 and 5 of the PTCL Act.