ASHA CHAKKO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the Counsels for the parties.

(2.) THE facts are as follows: A portion of land consisting of buildings, stables and garden collectively called 'beaulieu' measuring 24 acres and 12 guntas, was owned by one Shri. Lancelot Ricketts and was sold by him under a registered Deed of Conveyance, dated 25. 8. 1900, for a sum of rs. 60,000/- in favour of the Dewan of Mysore which was said to be a purchase by him on behalf of the Princess Jayalakshmammanni Avaru of mysore. It is stated that the sale deed, after registration, was transferred to the princess' estate and lodged in the Palace Treasury for safe custody. The consideration amount was said to be paid from the first princess' account and the amount was debited from her pension account due to her for the year 1900-1901. The consideration therefore was not paid by the government of Mysore or by his Highness the Maharaja, personally. Thus, it is urged, the property 'beaulieu' was the personal property of Princess jayalakshmammanni Avaru. This is stated to be further evidenced by the circumstance that the then Public Works Department of the Government of Mysore, which had encroached upon the property in the year 1918, had even paid compensation to the said princess, which would demonstrate that she was indeed the owner of the property.

(3.) IT is contended that the said princess had married Shri Kantharaje urs, who was the Dewan of Mysore, in the year 1918. They had a daughter, raja Kumari Leelavathi Devi who was married to Shri K. Basavaraj Urs. Leelavathi Devi thus succeeded to the property, as is reflected in the Mysore gazette dated 2. 8. 1956. Raja Kumari Leelavathi Devi was the khatedar as reflected in Register No. 5 whereby the property was assigned Door No. l, of Palace Road. A part of this property came to be acquired by the government of Mysore for construction of a hostel, attached to the Shri jayachamarajendra Occupational Institute.