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2008 Supreme(SC) 2

ARIJIT PASAYAT, P.SATHASIVAM
Kaliyamma – Appellant
Versus
Deputy Commnr, Chitradurga Distt. – Respondent


judgment

1.Challenge in these appeals is to the judgment of a Division Bench of the Karnataka High Court dismissing the writ appeal filed under Section 4 of the Karnataka High Court Act, 1979 (in short the High Court Act). Challenge in the appeals was to the judgment of the learned Single Judge of the Karnataka High Court.

2.Background facts in a nutshell are as follows:

Eight acres of land in Survey No.59 were granted to two persons namely Rangappa and Nagappa sons of Kariyappa. According to the appellants, the said Nagappa and Rangappa formed a joint family with one Budappa and in a partition, out of eight acres of joint family lands, five acres were given to Nagappa and three acres were given to Budappa. The said Budappa sold three acres of land to one Thippreeranna by registered sale deed dated 3.2.1965 and remaining five acres of Nagappa were acquired by the vendee in the Court auction on 15.8.1966. Aforesaid Thippreeranna sold eight acres of land under the registered sale deed dated 23.2.1981 in favour of Devraj and the appellants herein are his legal heirs. The Karnataka Schedule Castes and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 1979 (in short the Act)











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