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1999 Supreme(Kar) 681

H.N.TILHARI
Thimmanna Naik – Appellant
Versus
Deputy Commissioner – Respondent


Advocates:
Advocate Appeared:
Mr. K.M. Natraj, for the Appellant
Mr. V. Jayaram, Government Advocate, for the Respondent

ORDER

Hari Nath Tilhari, J.—Heard Sri K.M. Nataraj, learned Counsel for the Petitioners.

2. This petition is directed against the order dated 12.10.1998 passed by the Assistant Commissioner, Puttur, Dakshina Kannada, in No. C. Dis.LND.2:CR:40 of 1997-98 in proceedings under Section 5 of the Karnataka Act No. 2 of 1979, directing the resumption of possession of the land in question which order has been affirmed by the Appellate Authority namely the Deputy Commissioner vide order dated 30.3.1999 in case No. A. Dis.PTL.7 of 1998-99. The Petitioner has also challenged the appellate order.

3. The facts of the case in the nut-shell are that, the land was granted in favour of the father of Respondent No. 3, Sri Kartha Ajila vide grant dated 16.3.1960. The grantee transferred the land in favour of the wife of Petitioner No. 1 and mother of Petitioners No. 2 to 4 vide registered sale-deed dated 5.7.1989. On the report of the Tahsildar dated 12.10.1998, proceedings were initiated under Section 5 and the Assistant Commissioner held the transfer dated 5.7.1989 to be null and void and hit by Section 4(1) of the Act. He ordered resumption of the land and its restoration in favour of the grantee or




























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