The site bearing No.301 of Holaluru village

measuring an extent of 65 ft. x 52 ft. is the subject

matter of this writ petition.

2. It is undisputed that the Khatha was

registered in the name of the petitioner's father in

1969 in pursuance of an unregistered agreement of

sale executed by one Zahir Khan and in pursuance of

the consent given by him. After the death of his

father, the Khatha was registered in the name of the

petitioner. Such being the case, respondent no.5

filed an appeal under Section 278 of the Karnataka

Gram Swaraj and Panchayat Raj Act, 1993 before

the 3^rd respondent to cancel the Khatha registered in

the name of the petitioner.

3.

The

3^rd

respondent

by

order

dated

16.03.2011 set aside the Khatha registered in favour

of the petitioner and registered the same in favour of

4

the 5^th respondent. Being aggrieved by the same,

this writ petition is filed.

4. Learned counsel for the petitioner submits

that the 3^rd respondent set aside the Khatha

registered in favour of the petitioner only at the

instance of respondent no.5 who has no right, title

and interest over the property in question. Hence,

he submits that the appeal filed by the 5^th

respondent is not maintainable since he has no locus

standi to challenge the Khatha registered in favour of

the petitioner. He further submits that the appeal

was filed after an inordinate delay of more than 50

years. On these grounds, he prays that the

impugned order passed by respondent no.3 requires

to be set aside.

5. On the other hand, leaned counsel for

respondent no.5 submits that the Khatha was

registered in the name of the deceased father of the

petitioner on the basis of an unregistered agreement

5

of sale and as such, in the absence of any right, title

and interest in the property in question, Khatha

registered in favour of the petitioner has been rightly

set aside by the 3^rd respondent. He further submits

that the owner of the property in question has

relinquished the property in favour of the 5^th

respondent and therefore, the 5^th respondent is

entitled for registration of Khatha in his favour in

respect of the property in question.

6. I have considered the submissions made by

the learned counsel for the parties.

7. It is undisputed that the Khatha was

registered in favour of the deceased father of the

petitioner by virtue of an unregistered agreement of

sale executed by the owner and also consent given

by the said owner to register Khatha in favour of the

petitioner. After his death, the name of the

petitioner was substituted in place of his father in

the Khatha register. The 5^th respondent claiming

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that he has acquired right, title and interest over the

property

in

question

by

an

unregistered

relinquishment deed, filed the appeal after an

inordinate delay of more than 50 years before the 3^rd

respondent for cancelling the Khatha registered in

favour of the petitioner.

8. In the proceeding before the 3^rd respondent,

the petitioner did not choose to file any objections to

the appeal. Hence, the 3^rd respondent on the basis

of available documents, passed the impugned order

cancelling Khatha registered in favour of the

petitioner and directed the Panchayat to register

Khatha in favour of the 5^th respondent in respect of

the property in question.

9. The 5^th respondent has not offered any

explanation with regard to the inordinate delay in

filing the appeal. It is settled law that an

unregistered relinquishment deed could not confer

any right/title over the property. Title having been

7

acquired on the basis of the alleged relinquishment

deed, the 3^rd respondent could not have maintained

the appeal challenging Khatha in favour of the

petitioner. Hence, the impugned order passed at the

instance of the 5^th respondent who has no right, title

and interest over the property in question is not

sustainable in law.

10. Even otherwise, the suit filed by the 5^th

respondent against the petitioner for permanent

injunction has been dismissed by the Trial Court

holding that th