- (1.) Leave granted.
(2.) We have heard learned counsel on both sides.
(3.) This appeal by special leave arises from the order of the High Court of Karnataka dated 19-9-1990 made in W.A. No. 494/90. The admitted facts are that the respondents 4 and 5, by name Doddaramaiah and Chikkaramaiah, sons of late Gurappa of Bangalore were granted five acres of agricultural land under Rule 43 (8) of the Mysore Land Revenue Code on February 13, 1940 for use and enjoyment of the Government land. Rule 43(8) reads as under: "Occupancies granted to applicants belonging to Depressed Classes under Rule 43(5) above and those granted by Government free of upset price or reduced upset price to poor and landless people of other communities or to religious charitable institutions, shall not be alienated and the grantees shall execute Mutchalikas in the form prescribed by Government. This shall not, however, prevent lands granted to Depressed classes under Rule 43(5) being accepted as security for any loan which they may wish to obtain from Government or from a Co-operative Society for the bona fide purposes of improving the land." ;