GOVINDARAJU Vs. NARASAMMA

JUDGEMENT

(1.) In the instant petition, petitioner has questioned the validity of the order dtd. 10/10/2012 passed by the Deputy Commissioner, Bengaluru District in Revn. Petition No.18/2007- 08 vide Annexure - A.

(2.) Petitioner is stated to be the owner in occupation of 2 acres 17 guntas of land situated in Sy.No.92/3 of Kannalli Village, Yeshwanthapur Hobli, Bengaluru North Taluk pursuant to the sale deed dtd. 13/11/1995 registered as Document No.7193/1995-96 in Book-1, Volume-5560 at pages 81-85 in the office of the Sub-Registrar, Bengaluru North Taluk. Petitioner obtained mutation entry in his name vide MR.No.3/1999-2000. Thereafter, computerization of revenue records stood in the name of the petitioner vide MR.No.16/2005-06. In the meanwhile, 1st respondent filed O.S. No.779/1995 on the file of the Principal II Civil Judge (Jr.Dn.), Bengaluru Rural seeking declaration and injunction without impleading the petitioner as a necessary party. The suit was decreed on 29/9/1999. In this backdrop, respondent No.1 proceeded to get the entries in the revenue records to be changed in her name and it was accepted by the revenue officials vide order dtd. 21/4/2003. Petitioner preferred R.A. No.162/2004-05 before the Assistant Commissioner, Bengaluru North Sub-Division and it was allowed on 3/1/2007 while setting-aside the revenue entries in favour of respondent No.1 viz. setting-aside the order of the Tahsildar dtd. 21/4/2003. Further, petitioner filed O.S. No.1863/2006 before the Principal Civil Judge (Jr.Dn.), Bengaluru Rural seeking cancellation of the fraudulent judgment and decree dtd. 29/09/1999 as amended on 11/01/2002 in O.S.779/1995.

(3.) Smt.Narasamma executed Irrevocable General Power of Attorney (Hereinafter referred to as 'IGPA' for short) in favour of Sri.Muniraju on 16/4/2007 in respect of the subject land to negotiate terms and to agree to sell the schedule property in his absolute discretion, thinks proper, agree upon and to enter into any agreement or agreements for such sale or sales and/or to cancel and or repudiate the same including engaging any advocate/counsel, to execute the vakalathnama and memo of appearance, to give necessary instructions in respect of litigations pertaining to the schedule property and etc.