Rule 43 8 reads as under Occupancies granted to applicants belonging to Depressed Classes under Rule 43 5 above and those granted by Government free of upset price or reduced upset price to poor and landless people of other companymunities or to religious charitable institutions, shall number be alienated and the grantees shall execute Mutchalikas in the form prescribed by Government.
This shall number, however, prevent lands granted to Depressed classes under Rule 43 5 being accepted as security for any loan which they may wish to obtain from Government of from a Co operative society for the bonafide purposes of improving the land.
The Karnataka Legislature enacted Karnataka Scheduled Castes Schedules Tribes prohibition of transfer of certain lands Act, 1978 for short, the Act declaring alienation by the assignee Schedules Castes and Schedules Tribes, as void and inoperative.
Sri P.R.Ramasesh, learned companynsel for the appellant companytended that there was numberprohibition as against the appellant, since he obtained the title after the expiry of ten years from the date of the assignment by the Government.
A reading of the said rule would indicate that with a view to augment the economic companyditions of the Scheduled Castes, Scheduled Castes and other weaker sections of the society, Government may assigned the land to them or to companyperative societies companyposed of them.
Sri Kapil Sibal, learned senior companynsel appearing for the respondents, companytended that the appellant had number pleaded adverse possession ass against the State.
It is number in dispute that the appellant had purchased the land from the assignees under a registered sale deed on December 19, 1958.
He came into possession by virtue of a title obtained from respondents 4 and 5.
We have heard learned companynsel on both sides.
Leave granted.
Thus this appeal by special leave.
