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2003 Supreme(SC) 211

K.G.BALAKRISHNAN, P.VENKATARAMA REDDI
T. MOHD. HANEEF – Appellant
Versus
DY. COMMISSIONERS – Respondent


ORDER

1. THE DISPUTED LAND WAS GIVEN BY WAY OF GRANT TO ONE NARASIH ON 21-11-1961 BY THE STATE. THE SUGUVALI CHIT WAS ISSUED TO THE ORIGINAL GRANTEE ON 20-11-1962 AND HE GOT POSSESSION OF THE LAND. THE APPELLANT PURCHASED THE LAND IN 1966. AS PER RULE 43-G(4) OF THE MYSORE LAND REVENUE (AMENDMENT) RULES, 1960 WHERE THE GRANT IS MADE FREE OF COST OR IS MADE AT A PRICE WHICH IS LESS THAN THE FULL MARKET VALUE, THE GRANT SHALL BE SUBJECT TO THE CONDITION THAT IT SHALL NOT BE ALIENATED FOR A PERIOD OF FIFTEEN YEARS FROM THE DATE OF THE GRANTEE TAKING POSSESSION OF THE LAND. THE APPELLANT HAD PURCHASED THE LAND IN CONTRAVENTION OF THE ABOVE-CITED CLAUSE. NOTICE WAS, ACCORDINGLY, ISSUED TO HIM UNDER SECTION 4 OF THE KARNATAKA SCHEDULED CASTES AND SCHEDULED TRIBES (PROHIBITION OF TRANSFER OF CERTAIN LANDS) ACT, 1978. THE APPELLANT FILED AN OBJECTION BEFORE THE ASSISTANT COMMISSIONER. THE OBJECTION OF THE APPELLANT WAS THAT THE PETITIONER KEMPAMMA WAS NOT THE WIFE OF NARASIH, THE ORIGINAL GRANTEE AND, THUS THE APPLICATION WAS NOT MAINTAINABLE. IT WAS SPECIFICALLY MENTIONED IN THE SUGUVALI CHIT THAT THE LAND SHALL NOT BE ALIENATED BY THE GRANTEE WITHIN A PERIOD. THE APPELLANT HAD ALSO CONTE








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