The rights and obligations of the grantee are accrued at the time of the grant and are not postponed to a future date based on the issuance of the grant certificate.

( 1 ) WE have heard the learned counsel for the parties at some length and we have been taken through the relevant case papers.

( 2 ) THE appellant is aggrieved by the order dated 14-11-1991 passed by the learned single judge in writ petition No. 20114 of 1991, allowing the writ petition filed by the first respondent herein.

( 3 ) A detailed narrative of the facts has been given in the order of the learned single judge as well as in the orders made by the deputy commissioner and the assistant commissioner. Hence, it is not necessary for us to repeat the same.

( 4 ) RESPONDENTS 1 and 2 are brothers and are belonging to the scheduled caste. 5 acres of land in survey No. 5 of kyatanamale village in parashurampur hobli, challakere taluk, chitradurga district, was granted to the first respondent herein by the , competent authority as per the Provisions of the Mysore land revenue rules, subject to certain conditions, vide order No. Hkf. 20 of 1959-60, dated 29-12-1959. The grant certificate was, however, issued on 4-5-1967. The Rule prevailing at the time of the grant with respect to the non-alienation clause was Rule 43-a (3) of the Mysore land revenue rules. That Rule prescribes that where the grant was made free of cost, the land granted shall not be alienated for a period of 15 years from the date of the grant and where the grant was made for an upset price, the land granted shall not be alienated for a period of 10 years from the date of the grant. It is required to be stated that the special deputy commissioner himself has stated in the course of his order that the land in question was actually granted to the first respondent as per the order No. Hkf. 20 of 1959-60, dated 29-12-1959 for an upset price, but, however, the grant certificate was issued on 4-5-1967. This factual observation made by the special deputy commissioner in the course of his order passed in the appeal filed before him under Section 5-a of the Karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) Act, has neither been controverted nor shown to be incorrect. In fact, the learned single judge concerned also observed in the course of his judgment that by an order made by the competent authority on 29-12-1959, 5 acres of land in survey No. 5 of kyatanamale village came to be granted in favour of the first respondent in accordance with the Provisions of the Karnataka land grant rules, subject to certain conditions. It is thus clear from the factual observations made by the learned single judge as well as by the deputy commissioner that the land in question was granted to the first respondent on 29-12-1959 by an order made by the competent authority in hkf. No. 20 of 1959-60, but the grant certificate was, however, issued to the first respondent on 4-5-1967 as per annexure-a. Therefore, here is a case where, though the land was granted to the first respondent on 29-12-1959, the grant certificate was not issued at once to the grantee when the land was granted to him, but it was issued to the grantee on a subsequent date, that is, on 4-5-1967. Even on the date of the grant of the land to the first respondent, certain rules regarding the grant of land were in force in the state and the grant was made in accordance with the rules that were applicable at the time of the said grant. It has to be stated that different rules were prevailing at different times with regard to the grant of lands. In fact, when the land was granted to the first respondent on 29-12-1959, the Rule that was applicable with respect to the non-alienation clause was Rule 43-a (3), while the Rule that was applicable at the time of the issue of the grant certificate on 4-5-1967 was Rule 43-g of the Mysore land revenue (Amendment) rules, 1960. Therefore, the rules that were prevailing at the time when the land was actually granted by the state, would be applicable and in fact, for that reason alone, the learned single judge as well as the deputy co