BANGALORE DEVELOPMENT AUTHORITY Vs. N. JAYAMMA

JUDGEMENT

(1.) The instant appeal, which has travelled to this Court, had its origin in a suit filed by the respondent in the Court of City Civil Judge, Bangalore. The said suit was filed by the respondent herein for declaration of title to the suit property situated in Sy. No. 76/1. It was claimed by the respondent that she had purchased the property on June 22, 1994 ad-measuring East to West 60 ft. and North to South 50 ft. (hereinafter referred to as the 'suit property') from its previous owner and had constructed a building thereupon. The aforesaid suit property, which was part of Sy. No. 76/1 comprising 4 acres 31 guntas (hereinafter referred to as the 'scheduled property'), was acquired by the State Government for Bangalore Development Authority appellant herein (for short, 'the BDA'), for which Notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') was issued on December 15, 1984 followed by a declaration under Section 6 of the Act on October 29, 1986. Purportedly, possession thereof was handed over to the BDA on August 30, 1988 vide Mahazar (Exhibit D-4). However, it appears that the actual possession of the suit property remained with the original owner who then sold it to the respondent in the year 1994, as stated above. It is on this basis that the respondent filed the suit on the ground that she was in possession of the said property for more than 12 years even after the acquisition thereof by the State Government and, in this manner, she had perfected her title by adverse possession. Thus, the relief claimed in the suit was for declaration that the respondent had become the owner thereof.

(2.) The appellant contested the said suit by raising the plea that since the scheduled property had been acquired by the Government for formation of the layout and with effect from the date of final notification entire land vested with the Government, the respondent was precluded from claiming the possession thereof on the ground that it was already with her. It was also contended that the Government had handed over the possession of the land in question to the BDA on August 30, 1988 and BDA was in legal possession thereof. It was also submitted that once Notification under Section 4 of the Act was issued on December 15, 1984 and even declaration under Section 6 was issued on October 29, 1986, it was not permissible for the original owner to sell the acquired land to the respondent herein on June 22, 1994. It was also contended that as the land vested with the Government, in any case, the limitation under Article 112 of the Limitation Act, 1963 was 30 years and not 12 years and, therefore, the respondent could not claim adverse possession before the expiry of 30 years.

(3.) The trial court, on the basis of the pleadings, framed the following issues: