JUDGMENT

SURINDER SINGH NIJJAR, J.

Civil Appeal No.4994 of 2004 :

1. This appeal is directed against the final judgment and order of the High Court of Karnataka at Bangalore dated 3rd September, 2003, in Writ Appeal No. 3530 of 2003 (GM - FOR) arising out of Writ Petition No. 17766 of 2000 vide which the order of the Learned Single Judge was affirmed and the appeal was accordingly dismissed.

2. The appellant herein is the transferee of leasehold rights of the land to an extent of 25 acres in Survey No. 336/1A1 (75 acres in total) of Aletti village of Sullia Taluk, Dakshnia Kannada district. The original order of lease grant was made in the favour of one Sri. M. Shankara Narayana Kadambalithaya in the year 1949 by the then government of Madras for a period of 50 years vide order of grant dated 24th March, 1949, issued by the District Forest Officer, Mangalore. The land was granted for the purpose of raising areca nut plantation. The lessee was permitted to grow pepper and other fruit bearing trees as subsidiary crops on the land. Thereafter, on the death of the original lessee, his legal representatives, after obtaining permission from the State Government, alienated the lease hold ri