N.K.PATIL, R.V.RAVEENDRAN
BAPTIST D ALMEDA (DECEASED) BY L. RS – Appellant
Versus
PARAMESHWARA – Respondent
( 1 ) AN extent of 10 cents of land in Sy. No. 120/39 of Jeppinamogaru village of Mangalore Taluk was granted to one Koje alias Kochi d/o. Kavura under the depressed classes darkhast, in D. D. R. No. 3/1335, dated 31-7-1925. The said Koje sold the said land in favour of one seethu Hengsu under the registered sale deed dated 5-11-1956. The said sale deed describes that both the vendor and the purchaser as belonging to Harijan caste. The said Seethu Hengsu in turn sold the said land in favour of the petitioners under registered sale deed dated 1-8-1968. Ever since then the petitioners have been in possession and enjoyment of the said land, as owners. It is stated that Jeppinamogaru Village now falls within the city limits of Mangalore.
( 2 ) THE Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (PTCL Act' for short), came into force on 1-1-1979. 2. 1 Section 4 of the PTCL Act prohibits the transfer of granted lands. Sub-section (1) of Section 4 which is relevant is extracted below:" (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after
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