A bench comprising Justices S B Sinha and Deepak Verma on Friday said that the land will go to the Sangha as the former management of the Sangha could not part with the land to the relatives of the donor, Rangamma, who had bequeathed it in a will for establishing educational institutions.
The judgement said the agreement incorporating the terms of settlement between the Sangha and relatives of the donor is not valid and legal.
Vokkaligara Sangha advocate E C Vidyasagar said the President Kenchappa Gowda and
General Secretary Dr K Mahadev of Vokkaligara Sangha had been vigorously pursuing the matter to get back 38 acres of land in Sajjepalya.
‘’This land was given away in compromise entered into by Vokkaligara Sangha, headed by then president late Venkatagiri Gowda in favour of children of Narayanswamy, the executor of the will of late Rangamma, w/o Krishnappa, the donor, who had bequeathed the property solely for the purpose of establishing educational institutions for the benefit of Vokkaliga community,’’ observed Vidyasagar.
While disposing of the appeal filed by Appaji Gowda, one of the present members of the Sangha, the Supreme Court clarified that the compromise order was not given effect and no compromise decree was drawn.
Memory
On March 15, 1962, Rangamma had executed a registered will appointing her nephew Puttaswamy as the executor and administrator utilising the property for perpetuating the memory of her husband Krishnappa.
Rangamma died on February 27, 1966. Puttaswamy on October 19, 1978 executed a trust deed in favour of Vokkaligara Sangha. Narayanswamy is a relative of Puttaswamy, who succeeded him to the trust.
Vidyasagar said that about 50 acres of land had been occupied by the tenants and land right had been given to them by the authorities.
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