LAXMIDEVAMMA Vs. RANGANATH

JUDGEMENT

(1.) This appeal arises out of the judgment dated 27.9.2012 passed by the High Court of Karnataka in R.S.A. No.297/2007, wherein the High Court allowed the appeal in part, modifying the concurrent judgment and decree passed by the courts below and holding that the appellants- plaintiffs are entitled to compensation for the space earmarked for road as and when the competent authority acquires the same.

(2.) Appellants-plaintiffs are the owners of the revenue land bearing Survey No.1/1 of Chikmagalur village which was converted for non- agricultural purpose under the order dated 2.4.1987 of the Deputy Commissioner, Chikmagalur. Layout was formed from the above said land and the site Nos.12 and 13 and portions of site Nos.11 and 14 were sold to the first defendant by the appellants-plaintiffs by executing two sale deeds dated 11.7.1988 and 3.1.1992. To the south of the property sold to the respondents-defendants, 'A' schedule property as shown in the suit was earmarked for the purpose of road. However, the City Development Authority did not approve the same and hence no road was formed. Case of the appellants-plaintiffs is that since no road was formed, they continued to be the owners of the 'A' schedule property and they are the absolute owners of the same.

(3.) In the year 1992, first respondent-defendant sold the property purchased from the appellants-plaintiffs to second and third defendants who constructed a house on the same alongwith a compound wall. Grievance of the appellants-plaintiffs is that towards the northern side of 'A' schedule property, the respondents encroached upon 80' x 21/2 which is described as 'B' schedule property in the suit, despite protest from the appellants- plaintiffs. Inspite of repeated demands, the respondents have not handed over vacant possession of the encroached property. Therefore, appellants- plaintiffs filed a suit for declaration that they are the absolute owners of 'A' schedule property and for possession of the 'B' schedule property in the court of Addl. Civil Judge (Jr. Divn.), Chikmagalur.