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january 2008

Supreme Court of India · 2008-01-03

Kaliyamma & Ors vs Deputy Commnr.Chitradurga Distt. & Ors

Citation / case number
AIR 2008 SC (SUPP) 1254
Court
Supreme Court of India
Petitioner
Kaliyamma & Ors
Respondent
Deputy Commnr.Chitradurga Distt. & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's dismissal of a writ appeal concerning land grants under the Karnataka Schedule Castes and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 1979. The Court affirmed that the land was vested with the Government due to prior alienation during a non-alienable period, as stipulated under Section 5A of the Act. The Court held that the appellants' claim of adverse possession for 12 years was invalid, as the correct period was 30 years, thus reinforcing the legal principle that grants made under specific conditions cannot be alienated within the stipulated timeframe.

Kaliyamma & Ors vs Deputy Commnr.Chitradurga Distt. & Ors · Niyam