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1995 Supreme(Kar) 3

HARI NATH TILHARI
RAMAIAH – Appellant
Versus
STATE OF KARNATAKA – Respondent


HARI NATH TILHARI, J.

( 1 ) THESE Petitions filed under Article 226 of the Constitution have been filed by the second purchasers of land in dispute. That according to the petitioners case as pleaded in the Writ petitions, respondents-4 to 9 were grantees of land in dispute. That the respondents-4 to 9 sold the aforesaid land to one Avalkondappa by registered Sale Deed. That the petitioners allege to have purchased the Land from said Avalkondappa the original purchaser of land from respondents-4 to 9. According to the petitioners case Respondents-4 to 9 were grantees of land on payment of the upset price and they have sold the same land to one Avalakondappa vide registered sale deed. Thereafter two petitioners purchased the property in dispute in the proportion as mentioned in paragraph 2 of the Writ Petition.

( 2 ) THE petitioners claim that after having purchased the land they planted coconut and fruit bearing trees and spent lot of money for raising certain other crops. According to the petitioners respondents 4 to 9 filed an application before the 3rd respondent namely Assistant Commissioner with the allegations to the effect that they belonged to Scheduled Caste Community and








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