ONKARAPPA Vs. SANNA NEELAPPA

JUDGEMENT

(1.) heard the arguments of the learnedcounsel for both the parties.

(2.) the point for consideration is whetherthe rules set out in the Mysore landrevenue code called the Mysore land revenue rules regulate the conditions of grant made on 11-2-1960 to the grantees.

(3.) the following are the material facts of the case: the petitioners are the purchasers from the original grantees of lands situated in sy. No. 160 and block nos. 191,183,182 and 161 of sy. No. 86. The lands are situated in hireyemmiganur village of holalkere taluk, chitradurga district. All the grants were made on 11-2-1960. But the saguvali chits were issued on different dates and the dates are 12-12-1972, 23-1-1973, 22-8-1972, 5-10-1960 and 5-10-1967 respectively. Whereas the grants were made in all the cases on 11-2-1960 under the Mysore land revenue rules which came into force on 6-7-1955, the saguvali chits were issued in respect of the grant made on 11-2-1960 relating to the lands situated in block nos. 182 and 161 of sy. No. 86 under the Mysore land revenue (Amendment) rules, 1960. But in respect of the grants made on 11-2-1960 in relation to the lands situated in sy. No. 160 and block nos. 191 and 183 of sy. No. 86, saguvali chits were issued under the Karnataka land grant rules, 1969. In so far as the saguvali chits issued under the 1960 rules are concerned, there was a prohibition on alienation for a period of 15 years irrespective of the question whether the grant was made at an upset price or free of cost. But the 1960 rules came into force with effect from 3-5-1960. The grants in all these cases were made prior to 3-5-1960 and to be more precise on 11-2-1960 and obviously 1960 rules do not bind the grant of lands made prior to 3-5-1960.