JUDGMENT

P. Sathasivam, J.

1) Leave granted.

2) This appeal is directed against the order dated 12.07.2004 in Writ Appeal No. 795 of 2002 of the High Court of Karnataka at Bangalore dismissing the appeal of the appellant confirming the order dated 07.12.2001 in Writ Petition No. 809 of 2000 of the learned single Judge.

3) Brief facts: The land in question bearing Survey No. 72 of Bommanahalli Village, Begur Hobli, Bangalore South Taluk was allotted to the grand-father of the appellant, namely, Motappa, who belongs to the Bhovi Community under the Mysore Land Grant Rules. The total extent of mortgaged land was 2 acres 29 guntas. Later in 1956, Motappa mortgaged 1 acre of the said land to one Munichennamma. Subsequently in 1959, he mortgaged another portion of the land in favour of one Ramachandra Reddy, who was the father of respondent Nos. 4 & 5 herein by raising a loan of Rs. 1000/- to discharge his previous mortgage amount.

4) After the demise of Motappa and Ramachandra Reddy, B.K. Muniraju, the appellant herein and one M. Gopal paid the mortgaged amount of Rs.1000/- to respondent Nos. 4 & 5 and requested them to discharge th