K CHIKKALINGAIAH Vs. DEPUTY COMMISSIONER MANDYA

JUDGEMENT

(1.) Arguments were heard at length by consent of the learned Counsel for the parties and the following order is passed.

(2.) In the year 1956-57, land to the extent of 2 acres was granted to the original grantee. From the original grantee, one K. Chikkalingaiah purchased one acre and 27 guntas of land and thereafter he sold 1 acre to Basavegowda and 13 guntas of land in favour of Lingaiah. According to the learned counsel for the petitioner he has retained only 14 guntas of land.

(3.) Considering the fact that the grant took place in the year 1956-57, as established by the Saguvali Chit Register and sale deeds, the copies of which have been produced before the Assistant Commissioner passed an order holding that alienation was null and void, for violation of the terms of the grant in as much as the land had been alienated before the expiry of 10 years from the date of grant. The land was granted in 1956-57 and Saguvali Chit issued on 29-1-1957 and the alienation took place in the year 1964. Obviously land was alienated by the original grantee before the expiry of 10 years. Thereafter the Assistant Commissioner ordered eviction so as to restore the land to the original grantee and the said order was challenged by Chikkalingaiah and Basavegowda by separate appeals. The Appellate Authority rejected the appeals and confirmed the order of the Assistant Commissioner.