ANAND BYRAREDDY
Guthemma Kom Fakira Chalvadi – Appellant
Versus
Bhangarya Bista Naik Dasan – Respondent
1. The facts of the case are as follows:
2. It is stated that land bearing survey no.232, measuring about 8 acres ana 19 guntas of Kanthraji village, Sirsi Taluk, North Kannada District was granted to the petitioner's late husband, Fakira Basavanna Chalavadi, on 20.4.1959. He is said to have belonged to a Scheduled caste. The grant was said to be coupled with a condition that it shall not be alienated or subdivided, in perpetuity. The grant was free of cost. It transpires that Chalavadi died as on 8.12.2002. The petitioner is said to have sought for transfer of the property in her favour after the death of her husband. It is then that she was made aware that her husband and she had executed a sale deed in respect of the property in favour of the first respondent, as on 29.7.1972. According to the petitioner, the said sale transaction was manipulated and fraudulent and was never intended nor consciously executed. The petitioner is hence said to have made an application, dated 22.3.2003, before the third respondent seeking cancellation of the said sale. It was canvassed that the alienation was unlawful and that any alleged permission granted by the third respondent in respe
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