Laxmavva W/O. Hanamanthappa Kittur v. Siddavva W/O. Basappa Mayannavar
Case brief
What is this about?
Karnataka HC Dharwad Bench, M.G.S. Kamal J., 14-07-2025; RSA No.5460/2013 c/w RSA No.6005/2013; S.100 CPC; Karnataka Land Reforms Act Ss.21, 61, 77; Karnataka Land Revenue Act S.95(2); occupancy rights/Form 10 grant; 15-year non-alienation condition; Will dated 18.02.1984; devise/bequest of granted land to stranger institution amounts to assignment; Jayamma v. Maria Bai AIR 2004 SC 3957 relied on; change of land use by Tahsildar without jurisdiction; Ex.D15 invalid; land vests in State Government; Class-II heirs equal shares among siblings' heirs; Sanchalaka Bharatiya Vishwa Seva Sadan; appeals partly allowed.
What did the court decide?
Appeals partly allowed and disposed of: the transfer of 3 acres 25 guntas of Block No.62 to Sanchalaka Bharatiya Vishwa Seva Sadan held violative of Section 61 Karnataka Land Reforms Act and Condition No.9 of the grant, with the said land standing vested in the State Government free from encumbrances (State free to dispose per law); remaining extents of 3 acres 6 guntas (Sy.No.31/2) and 5 acres 20 guntas (Sy.No.62) to be shared equally among the heirs of Dyamappa, Laxmavva, Maritangevva and Yellavva as Class-II heirs of Kareppa. Application for production of additional document rejected as superfluous.