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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Vasanthaiah, S/o. Late Muniswamy Gowda – Appellant
Versus
Hanumantha Bhovi, Since Dead By Lrs.- Changamma – Respondent
JUDGMENT :
S. VISHWAJITH SHETTY, J.
1. This Regular Second Appeal under Section 100 of CPC is filed with a prayer to set aside the judgment and decree dated 31.10.2009 passed in R.A.No.270/2002 by the Fast Track Court, KGF, Kolar District.
2. Heard the learned Counsel for the parties.
3. Suit in O.S.No.262/1999 was filed by the appellants herein before the jurisdictional Civil Court seeking the relief of permanent injunction in respect of the suit schedule property.
4. It is the case of the plaintiffs that the suit schedule property was granted in favour of one Gullappa, and subsequently he had sold the said property in favour of Smt. Kanakamma - wife of plaintiff no.1 and mother of plaintiff nos.2 to 4 under a registered sale deed dated 21.02.1977. Subsequently, the revenue records in respect of the suit schedule property were also transferred in the name of Smt. Kanakamma and after survey of the said land, a new survey number was given as Sy. No.180. Survey sketch was also prepared fixing the actual boundaries of the suit schedule property. After the death of Smt. Kanakamma, plaintiffs had succeeded to the suit schedule property. Defendants who have no right or interest whatsoever ove
Civil Courts lack jurisdiction to examine the validity of land transfers affected by the Karnataka SC/ST (PTCL) Act, which is exclusively within the purview of the Assistant Commissioner.
A suit for declaration of ownership without possession is maintainable under special statutes prohibiting land transfer to protect rights of original grantees, particularly for Scheduled Caste/Schedu....
The appellate court erroneously determined property identity and possession, failing to consider admissions supporting plaintiffs' claims, leading to the restoration of the trial court's decree.
The land granted to a Scheduled Caste individual and subsequently sold is not subject to restrictions under the Karnataka Scheduled Caste and ST Act if it was purchased in a public auction.
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