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2008 (2) TMI 897 - SC - Indian LawsLand in question was a "granted land" or "land purchased for a price at a public auction" - Application for Cancellation of the sale deed and restoration of the land under the provisions of The Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 ("the Act"), in the year 1981 - rejected - alienation after the expiry period of ten years of non-alienation clause and hence the sale transaction is not in violation of the condition governing grant and, therefore, it does not attract the provisions of Section 4(1) of the Act - Jurisdiction of the High Court for interference in a factual decision - HELD THAT:- We have to see terms and conditions and recitals in the document and not the title alone. Though the document, according to the appellant, "Certificate of Grant", perusal of the clauses therein, clearly shows that the land was sold on 04.03.1948 in a public auction and Motappa purchased the same for a price of ₹ 408.12. In addition to the recitals, the "darkhast register extract" produced as Annexure "C" before the High Court also shows that the land in question was sold for a "price". Form I also indicates that the land in question was purchased and what was paid by the purchaser under the said document was the purchase price. In the light of the principles mentioned above and the terms and conditions in the recital clearly show that the land was purchased by Motappa in a public auction for a price. Merely because the document has been styled or titled as "Certificate of Grant", it cannot be construed that the land was a "granted land" attracting the provisions of the Act and the Rules. The Assistant and the Deputy Commissioner, the authorized authorities under the Act and Rules, on verification of the contents of the document coupled with Revenue extract rightly concluded that the land was purchased by Motappa in a public auction for a price even in the year 1948. We have referred to the recitals in the document produced before the High Court which though titled as certificate of grant/Saguvali chit, various terms and conditions make it clear that the land was purchased by Motappa in a public auction on payment of a price for ₹ 408.12. In addition, the two authorities as well as the High Court adverted to the revenue extract and concluded that it was not a "granted land" and it was purchased in a public auction on payment of a price. Therefore, we are satisfied that the High Court has rightly refused to quash the orders of the said authorities and dismissed the writ petition. If the factual finding that the subject-matter of the land was a "granted land" undoubtedly it attracts bar under Section 4 of the Act and follow the conditions as stated in Rule 43 (1) (5) and (8). In the result, there is no merit in the appeal and the same is dismissed.
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