( 1 ) LAND measuring 1 acre and 31 guntas out of a total of 4 acres and odd in Survey No. 64 of nelkud Village in Gulbarga District was sold by the deceased-2nd respondent in favour of the petitioner in terms of a sale deed dated 28th of April, 1978. The seller then moved an application before the Tahsildar, Gulbarga challenging the validity of the transaction under the provisions of the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966. The tahsildar found favour with the challenge and declared the sale to be in contravention of Section 6 of the Act. Aggrieved, the petitioner appealed to the Karnataka Appellate Tribunal, who set aside the said order and remanded the matter to the Deputy Commissioner for fresh disposal. The deputy Commissioner once again by his order dated 11th of May, 1992 came to the conclusion that the sale of 1 acre and 31 guntas out of a total of 4 acres and odd was in violation of the provisions of Section 6 of the Act as the said transfer tantamounted to creating a fragment. He accordingly declared the sale to be void in terms of Section 39 of the Act and directed his possession of the land to be re-delivered to the 2nd respondent

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