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KARNATAKA HIGH COURT
N S SANJAY GOWDA, J
SMT. KUMARI W/O. JAYARAM – Appellant
Versus
THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT – Respondent
| Table of Content |
|---|
| 1. factual background of land ownership. (Para 1 , 2 , 3 , 4 , 5) |
| 2. legal proceedings initiated due to land dispute. (Para 6 , 7 , 8 , 9) |
| 3. arguments presented by both parties. (Para 10 , 11) |
| 4. context and meaning of ptcl act. (Para 12 , 13 , 14 , 49 , 50) |
| 5. definition and implications of 'granted land.' (Para 55 , 56 , 57 , 66 , 70) |
| 6. exclusion of testamentary dispositions from transfer. (Para 74 , 75 , 76) |
| 7. final ruling and quashing of prior orders. (Para 78 , 79) |
CAV ORDER
1. On 26.12.2002, the Committee constituted for regularising unauthorised occupation passed an order regularising the unauthorised possession of Goniyappa in respect of land bearing Sy. No. 1 measuring 1 acre 20 guntas, situated in Rangapura village of Holehonnur 3rd Hobli of Bhadravathi Taluk. Pursuant to this order, a saguvali chit was also issued to Goniyappa on 13.02.2003, with the usual condition that it shall not be alienated within a period of 15 years.
3. On 14.01.2011, Goniyappa passed away and the bequest came into effect.
5. On 12.01.2016, however, a compromise was entered into between Kumari and Rangappa, whereby Rangappa conceded that his father had executed a Will in favour of Kumari
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