V R GNANAPRAKASHAM Vs. VENKATASWAMY

JUDGEMENT

(1.) SINCE in all these writ petitions the orders impugned are the same and common questions of law and facts are involved, all of them are heard together and disposed of by this common order.

(2.) THE admitted facts in all these writ petitions are as follows: the land bearing Survey No. 1 measuring in all 3 Acres situate in jarakabande Kaval, Bangalore North Taluk was granted to one Venkata bovi under a grant certificate issued by the Tahsildar, Bangalore North taluk vide No. D. D. 3/56-57 dated 1-6-1957. On 1-6-1967 the said venkata Bovi sold 1 Acre 20 Guntas of land out of 3 Acres to one V. R. Gnanaprakasham and another 1 Acre 20 Guntas to one V. R. Anthoniswamy. On coming into force of the Karnataka Scheduled Castes and scheduled Tribes (Prohibition of Transfer of Certain Lands) Act ('the act' for short) one V. Venkataswamy, S/o the grantee Venkata Bovi made an application before the Assistant Commissioner, Bangalore Sub-Division, Bangalore under Rule 3 (2) of the Act for restoration of possession. He had impleaded V. R. Gnanaprakasham and V. R. Anthoniswamy, the purchasers of the property from his father and one Gurusiddappa-petitioner in W. P. No. 17119 of 1990 and Marakka-petitioner in W. P. No. 17120 of 1990 as respondents.

(3.) THE application was enquired into by the Assistant Commissioner in accordance with law after notifying the respondents therein. The respondents before the Assistant Commissioner contended inter alia that the grantee Venkata Bovi did not belong to Scheduled Tribe that one of the respondents Marakka had perfected her title by adverse possession. That during the relevant time when the land was granted that is on 1-6-1957 the land was subject to the rules under the Land Revenue code and under Rule 43 (6) (a) (ii) the prescribed period of non-alienation was 10 years from the date of the grant and the grant being made on 1-6-1957 the sale having taken place on 1-6-1967 it was beyond the period of 10 years. Therefore, the sale was valid.