- (1.) This appeal is preferred against the judgment of the High Court of Karnataka at Bangalore. A learned Single Judge of the High Court upheld the order of the appellate authority under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands)Act, 1978, which came into force in 1979, (for short, "the "Act"). The appellate authority had by its order had set aside the order of the Assistant Commissioner, Davanagere. The appellate authority had annulled the transfer of land measuring 1 Acre and 2 Guntas, which was sold out of a total of 2 Acres and 2 Guntas, and further directed the Assistant Commissioner, Davanagere to restore the disputed land to the possession of the applicant.
(2.) The land was originally granted to one Kariyappa on the basis of a grant which had not been produced on record. The grant was on 30.06.1965. Kriyappa sold the land to one Mekha Narasimha Murthy on 15.12.1977. The appellant-Smt. Nekkanti Rama Lakshmi purchased the land on 27.06.1984 from Mekha Narasimha Murthy.
(3.) With effect from 01.01.1979, the Act came into force. That Act vide Section 41 annulled the transfer of any granted land in 1 Section 4. Prohibition of transfer of granted lands. - (1) Notwithstanding anything in any law, agreement, contract or instrument, any transfer of granted land made either before or after the commencement of this Act, in contravention of the terms of the grant of such land or the law providing for such grant, or sub-section (2) shall be null and void and no right, title or interest in such land shall be conveyed or be deemed ever to have conveyed by such transfer. (2) No person shall, after the commencement of this Act, transfer or acquire by transfer any granted land without the previous permission of the Government. (3) The provisions of sub-sections (1) and (2) shall apply also to the sale of any land in execution of a decree or order of a Civil Court or of any award or order of any other authority. contravention of the terms of grant of such land.;