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1997 Supreme(SC) 930

D.P.WADHWA, K.RAMASWAMY
D. N. Venkatarayappa – Appellant
Versus
State of Karnataka – Respondent


ORDER

Leave granted.

2. This appeal by special leave arises from the judgment of the Division Bench of the Karnataka High Court, made on February 21, 1997 in Writ Appeal No. 7354/96.

3. The petitioners, admittedly, had purchased the property in the years 1962-63 and 1963-64 from the original allottees. The Government have allotted those lands as per Saguvali Chit containing prohibition of alienation of the land, Subsequently, the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 was enacted totally prohibiting the alienation up to a particular period. The proceedings were initiated against the petitioners for ejectment under the said Act. All the authorities have concurrently held that the alienation in favour of the petitioners was in violation of the above Rules and the said Act and hence the sales are voidable. When the case had come up before this Court, this Court while upholding the constitutionally of the Act directed the authorities to go into the question of adverse possession raised by the petitioners. The learned Single Judge has extracted the pleadings on adverse possession of the petitioners. Therein, the High Court had p


















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