VIKRAMAJI SEN, AG. CJ (Oral):

1. Mr. B. Veerappa, AGA accepts notice on behalf of Respondent Nos. 1 to 3. We have heard argument in complete detail and therefore proceed to pronounce Judgment.

2. The fact of the case are that certain land was granted in favour of Kariyappa on 31/05/1965 by means of Grant. One of the covenants in the Grant was that no alienation was permissible for a period of 15 years. However, Kariyappa sold the land in favour of Chandra Naik on 22/10/1974. Therefore the sale, having been executed within this period , would have been rendered non est. This is the mandate of Section 4 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The original Grantee approached the Assistant Commissioner observed that the transferee namely, Chandra Naik also belonged to a Scheduled Case, and therefore the transaction was valid. However, Rule 29-A of the Karnataka Land Grant Rules,1969 clarifies that a conveyance/ alienation Inter vivos or between persons of Scheduled Cases/Scheduled Tribes would not be protected with effect from 27/09/1974. Therefore, the earlier law was of no avail in the circumstances of th