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2004 Supreme(Kar) 256

A.C.KABIN, CHANDRASHEKARAIAH
MARIYAPPA – Appellant
Versus
N. THIMMARAYAPPA – Respondent


Advocates:
B.N.Prasad, Baa Reddy, C.B.SRINIVASAN, C.H.RAJADHYAKSHA, S.Radha Jayanthi

CHANDRASHEKARAIAH, J.

( 1 ) THIS writ appeal is against the order of the learned Single Judge dated 21-11-2000 passed in W. P. No. 10391 of 2000.

( 2 ) THE parties in this appeal are referred to as arraigned in the writ petition.

( 3 ) THE facts in this case are as follows: a land measuring 4 acres in old Sy. No. 67 and new Sy. No. 130 of nanjapura Village, Jigani Hobli, Anekal Taluk, was granted in favour of the father of the petitioner on 13-12-1936. The said land was sold by the father of the petitioner in favour of the father of the 1st respondent under a registered sale deed on 19-6-1947. Consequent on coming into force of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (hereinafter referred to as 'the Act'), the petitioner made an application before the assistant Commissioner for a declaration that the sale dated 19-6-1947 was void and for restoration of the possession of the said land. The assistant Commissioner allowed the application by declaring the sale made by the father of the petitioner in favour of the father of the 1st respondent as void and ordered for restoration of possession. This order was challenged by t















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