S.ABDUL NAZEER
Narasamma – Appellant
Versus
K. V. Ramprasad – Respondent
The main question for consideration in these writ petitions is whether the suits filed by the first respondent for enforcement of the agreements for sale of granted lands without previous permission of the Government under Section 4(2) of the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 are liable to be rejected under Order 7 Rule 11(d) of the Code of Civil Procedure?
2. Brief facts necessary for disposal of these cases are as under:
The first respondent is the common plaintiff in O.S.Nos.2375/2011, 2372/2011, 2370/2011 and 2374/2011 on the file of the 7th Additional City Civil Judge, Bangalore. He has filed the above against different defendants (the petitioners herein) for specific performance of the agreements to sell in respect of the suit schedule properties. In the suits, defendants have filed applications for rejection of the plaints under Order 7 Rule 11(d) of the Code of Civil Procedure (for short ‘CPC’) contending that the suit schedule properties are granted lands and that there is a bar for entering into such agreements without taking previous permission of the Government. The statements made in the plain
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