NEKKANTI RAMA LAKSHMI Vs. STATE OF KARNATAKA AND ANR.

JUDGEMENT

(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 15.11977. 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. -