MANGALAGOWRAMMA W/O MUNISWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, who claims to be in possession of the land in question without any basis even prior to grant to the original grantee Sri Akkannappa filed the present writ petition for writ of certiorari to quash the order passed by the Deputy Commissioner dated 15.03.2017 in case No.RA SC ST.2/2015-16 as per Annexure-G confirming the order passed by the Assistant Commissioner, Kolar Sub Division, dated 11.02.2015 in LND. SC. ST. (MLR) 18/2007-08 as per Annexure-F.

(2.) It is the case of the petitioner that, land bearing Survey No. 197 measuring 2 acres situated at Abbenahalli Village, Kasaba Hobli, Malur Taluk has been granted to one Sri Akkannappa for an upset price by the order of the Assistant Commissioner, Kolar Sub Division, Kolar on 23.11.1961 and the said Sri Akkannappa had paid the upset price vide challan No.115 dated 27.06.1963. It is further contended that, the Revenue Authorities have entered the name of the original grantee Sri Akkannappa in the revenue records vide mutation No.MR.16/1984-85. It is also his contention that, as he was suffering from his old age ailments and was in very poor condition, he afforded to sell the land granted to him to the petitioner herein. In order to help Sri Akkannappa in his old age, the petitioner purchased the said land and she was not in a position to get register the document immediately due to his ailments and he had entered into an Settlement Deed/Agreement of possession in favour of the petitioner and received the entire sale proceeds from the petitioner and put the petitioner in possession of the said land. Since, then, the petitioner is in possession and enjoyment of the said property.

(3.) It is the further case of the petitioner that, after the death of said Sri Akkannappa, the petitioner is in possession and enjoyment of the property without interference from anybody. When such being the case, one Sri A. Krishnappa claiming to be the son of original grantee Sri Akkannappa tried to interfere with the possession and enjoyment of the petitioner. Therefore, the petitioner was constrained to file O.S.No.270/2001 before the Additional Civil Judge (Jr.Dn.), Malur for declaration and permanent injunction and the said suit ended in a compromise decree on 16.02.2002 declaring the petitioner as the absolute owner in possession and enjoyment of the property measuring 2 acres.