SANNEERAIAH Vs. THE DEPUTY COMMISSIONER AND OTHERS

JUDGEMENT

(1.) The petitioner herein claims himself to be the grantee of land bearing Sy. No.19 of Virupapura Village, Palya Hobli, Alur Taluk of Hassan District which measures, in all, 5 acres 33 guntas. Admittedly, the said land was given to him for temporary cultivation vide order of the second respondent - Assistant Commissioner dated 09.12.1958 and it is stated that the revenue entries with reference to the mutation and RTC showed him as the person in possession, enjoyment and cultivation pursuant to the said temporary lease.

(2.) It is seen that subsequently on 04.07.1967, the said temporary lease in favour of the petitioner was cancelled by the Assistant Commissioner of Sakleshpura which has reached finality and the same is not challenged by the petitioner till today. However, the records would indicate that though there is cancellation of temporary lease by the Assistant Commissioner by order dated 04.07.1967, the mutation entry with reference to the possession and cultivation of the said land by the petitioner is not disturbed till 2005.

(3.) In the meanwhile, it is seen another transaction has taken place with reference to the aforesaid land. The petitioner Sanneeraiah has entered into an exchange deed with the third respondent Smt. L. Nagamma wherein he has exchanged the said land bearing Sy. No. 19 of Virupapura village measuring 5 acres 33 guntas with certain lands belonging to Smt. Nagamma situated in the same village which totally measures 3 acres 9 guntas which is spread over in four survey numbers as under:-