HARISH Vs. LAKSHMAMMA

JUDGEMENT

(1.) This appeal is preferred against the order dated 26.9.2013 in O.S.No.247/2011 passed on I.A.No.4 by the Senior Civil Judge and J.M.F.C., Nelamangala, under Order VII Rule 11(d) of CPC. The said application was contested before the Trial Court and the Trial court has allowed the said application and plaint was rejected.

(2.) The brief factual matrix of the case, which are briefly stated, as follows:

(3.) The admitted facts between the parties are that the suit land was a granted land and it falls under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ('the Act' for brevity). The grant was made to a Scheduled Castes and Scheduled Tribes person and it is also an admitted fact that it is a contingent agreement entered into between the parties stating that the permission of the Government for alienation of the said land or transfer of the said land is a condition precedent either for the purpose of transferring the said property or acquiring the title over the said property. After due contest of the said application, the Trial Court relying upon various decisions has rejected the plaint in toto.