PRAMEELAMMA Vs. DIVISIONAL COMMISSIONER, BANGALORE DIVISION

JUDGEMENT

(1.) The facts as ascertained from the records indicate that on 30/3/1967, an order of grant was made in favour of Ganapaiah, Kittachari and Kempa to an extent of 2 acres each in Sy.No.10 of Kalikapura Village, Hosanagar Taluk, Shivamogga District.

(2.) Within about nine months from the date of grant, Ganapaiah and Kittachari conveyed the land granted to them to Sreemathamma. It also appears that there was a sale by Kempa in respect of land granted to him in favour of Sreemathamma and a mutation order was also passed in MR.No.6/1969-70. Thus, the revenue records indicate that Sreemathamma purchased the extent of 6 acres of land which had been granted to Ganapaiah, Kittachari and Kempa.

(3.) In the year 1985, proceedings were initiated by the Divisional Commissioner for cancellation of grants which had been made in favour of Ganapaiah, Kittachari and Kempa. During the pendency of the cancellation proceedings, Sreemathamma under two Sale Deeds dtd. 9/2/1989 and 10/2/1989 conveyed the lands that she had purchased to Rudrappa Gowda, the husband of the 1st petitioner and father of petitioners 2 and 3. Ultimately, the Divisional Commissioner, by an order dtd. 4/5/1991 dropped the proceedings for cancellation of grant. Thus, by virtue of dropping of proceedings, the grant made in favour of Ganapaiah, Kittachari and Kempa was thereby confirmed.