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1994 Supreme(Kar) 365

G.C.BHARUKA
GOLAPPA – Appellant
Versus
MALAKAPPA – Respondent


Advocates:
H.H.Kaladagi, I.G.GACHCHINAMATH, S.G.KULKARNI

G. C. BHARUKA, J.

( 1 ) PETITIONER seeks quashing of the order dated 4-6-1984 passed by the assistant commissioner, bijapur (annexure-d) by which ha has affirmed the order of the tahsildar dated 27-9-1983. By these orders the request of the petitioner for mutation of his name in respect of 8 acres of eastern portion of land in survery no. 1148 of basavana bagewadi, bijapur district, has been rejected. Petitioner filed a worthy for mutating his name as required under section 128 of the Karnataka land revenue Act, 1964 ('the act', for short ). His claim was based on a registered sale deed dated 3-2-1964 executed by the contesting respondent no. 1 who in fact was the original owner. Respondent-tahsildar by his order dated 27-9-1983 rejected the claim of the petitioner for mutation on the grounds (i) the application was belated by about 19 years; (ii) from the enquiry it transpired that respondent no. 1 is still in possession of the land in question; and (iii) the sale deed does not appear to be genuine. The appeal filed there against by the petitioner before the respondent no. 3 has been rejected thereby affirming the reasoning given by the tahsildar.

( 2 ) I have heard the learned cou






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