JUDGMENT

Dr. Mukundakam Sharma, J. —

1. This appeal is directed against the judgment and order dated 20.10.1998 passed by the Division Bench of the Karnataka High Court in Writ Appeal No. 3269 of 1998 dismissing the Writ Appeal filed by the appellant.

2. Brief facts leading to the filing of the case are that the disputed land was allotted through a grant by the State of Karnataka to one Smt. Munemma on 08.01.1957 with a condition prohibiting any alienation of the land for a period of 15 years. Gopalappa, late father of the appellant herein, purchased the said land from Smt. Munemma under a registered sale deed dated 20.12.1968.

3. In view of the coming into force of the Karnataka Scheduled Castes and Scheduled Tribes [Prohibition of Transfer of Certain Lands] Act, 1978 [for short “the Prohibition of Transfer Act”] Smt. Munemma made an application under the said Prohibition of Transfer Act for the resumption of the land in question on the ground that it was purchased by Gopalappa, late father of the appellant, in violation of the prohibition clause of the grant. By passing an order dated 07.06.1984 Assistant Commissioner allowed the application filed by Smt. Munemma which was also confirmed by the Deputy Commissioner in appeal. Against the said order of the Deputy Commissioner the predecessor-in-interest of the appellant filed a Writ Petition before the Karnataka High Court, which remanded back the matter to the appropriate authority for its disposal in accordance with law. Pursuant thereto the Assistant Commissioner after conducting an enquiry vide its order dated 10.10.1995 held that the purchaser is in possession of the land for more than 12 years which decision was further confirmed in appeal by the Deputy Commissioner. Against the aforesaid order a Writ Petition was filed by the heirs of the original grantee which was registered as Writ Petition No. 26848/1997.

4. Learned Single Judge who heard the aforesaid Writ Petition vide order dated 15.06.1998 held that the authorities below erred in law in applying the principles of adverse possession to the case in hand. The learned Single Judge held that since the purchaser had taken the stand that by purchasing the said land under a valid sale deed he had been enjoying the cultivation and possession in his own right as owner thereof, therefore, he is precluded from setting up the inconsistent plea of adverse possession either as against the State or the grantee. It was also held that the aforesaid allotted land through a grant was purchased by the purchaser in contravention of the prohibition clause of the grant in question. Consequently, the said Writ Petition filed by the heirs of the original grantee succeeded and the impugned orders were quashed and the Assistant Commissioner was directed to take action according to law to restore possession of the said land to the respondent.

5. Being aggrieved by the aforesaid order a Writ Appeal was filed by the appellant herein which was dismissed by order dated 20.10.1998 as against which the present appeal has been filed, on which we heard learned counsel appearing for the appellant, who during the course of his argument had taken us through the records also. The respondent despite service did not enter appearance.

6. The land involved in the present case is Sy No. 53 measuring 2 acres situated in Village-Hebbatta, Taluk-Srinivaspur, District-Kolar. While granting land in favour of the predecessor-in-interest of the respondent herein through a grant dated 8th January, 1957 it was clearly stipulated in the grant that the said land cannot be transferred for 15 years. Subsequently, however, on 20.12.1968 the said land was purchased by the late father of appellant. Earlier to the same an agreement to sale was also entered into between the parties on 25.12.1965.

7. However, after coming into force of the Karnataka Scheduled Castes and Scheduled Tribes [Prohibition of Transfer of Certain Lands] Act, 1978, w.e.f., 01.01.1979, the original gra