ORDER :

This case has a checkered history. On 06.11.1939, 2 acres 4 guntas of land in Sy.No.114 of Ramagondanhalli Village, Varthur Hobli, Bangalore East Taluk was granted by the sub-divisional Officer to Sri Poojiga s/o Yellappa with a condition of non-alienation for a period of 20 years. However, Poojiga sold the granted land in favour of Govindappa s/o Nanjappa on 24.10.1951, before the completion of the non-alienation period. Thereafter the lands changed hands three times, the last of the transactions being on 17.11.1980, when it was purchased by Sri N.Ravikiran and Sri N.Kumar. Sri Poojiga filed an application before the Assistant Commissioner, invoking the provisions of Section 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short ‘the PTCL Act’). By order dated 31.12.1983, the Assistant Commissioner allowed the application while holding that the first sale transaction dated 24.10.1951 was in contravention of the conditions of grant and therefore the said transaction and all subsequent transactions are void. It is contended that the land was restored, physically to Poojiga on 11.09.1985. Sri Poojiga died