M. RAMAKRISHNA RAO, J.

( 1 ) SUBJECT-MATTER of these two petitions is one and the same as also the contesting parties. Hence, i propose to dispose of them by the following common order.

( 2 ) THE question that arises for consideration in these petitions is whether theupset price imposed on the granl of land having been waived by the deputy commissioner in exercise of the powers conferred on him under the Karnataka land grant rules, the grant could be construed as a free grant.

( 3 ) FACTS of the case, in brief, are as follows:bheemla bai, mother-in-law of [he third respondent valibai, was granted four acres of land in sy. No. 37/8 situated in malligere village, channagiri taluk, shimoga district, by the competent authority under the Karnataka land grant rules subject to certain conditions. That grant was made on 29-11-1959 and saguvali chit also issued subsequently. While doing so, the competent authority imposed certain sum of money as upset price and the said amount was admittedly waived by the deputy commissioner under sub-rule (5) of Rule 43 of the land grant rules.

( 4 ) IT is again an admitted fact that the granted land came to be sold in favour of the petitioner under a regis

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