K C KEMPEGOWDA Vs. NANJUNDAIAH

JUDGEMENT

(1.) This Writ Petition is directed against the impugned order of the Deputy Commissioner, Mysore district passed on 27-3-1989 confirming the order passed by the Assistant Commissioner, Mysore Sub-Division dated 25-4-1988 declaring the alienation made in favour of the petitioner as null and void.

(2.) Both the Assistant Commissioner and the Deputy Commissioner have proceeded on the premise that in the grant certificate issued on 25-6-1968, restriction was imposed on alienation for a period of 15 years from the date of grant and that the condition was violated by the original grantee who alienated the land on 23-9-1968 by execution of a registered sale deed. Respondent No. 1 is the son of the original grantee.

(3.) The point for consideration is whether the sale transaction could be annulled in view of the restriction incorporated in the Saguvali Chit dated 28-6-1968.