BANGALORE DEVELOPMENT AUTHORITY BANGALORE Vs. RAMAKKA

JUDGEMENT

(1.) THE ranks of the parties shall be followed as in the lower Court. The defendant has challenged the judgment and decree of the Trial court passed in O. S. No. 10912 of 1984, dated 19-8-1996 decree in the suit for specific performance and perpetual injunction. The facts in nutsahell are as follows:

(2.) THE defendant has pleaded and admitted that the plaintiff was the owner of the said land. It was acquired for the formation of Domlur II stage Layout, in Domlur area, Bangalore vide final Notification No. HUD 61 MNJ 78, dated 13-12-1979. The award was passed. The possession of the land was taken and handed over to engineering section on 30th January, 1984. It is also admitted that the defendant has resolved by a Resolution No. 364, dated 17-11-1982 as follows:

(3.) IN the additional written statement after the amendment of the plaint by the plaintiff, it is pleaded that the contention of the plaintiff that she was entitled for the reconveyance of the entire land was not admitted. The prayer for the direction to the defendant for reconveyance is not tenable as such, the plaintiff is not entitled to such relief. It is pleaded that the defendant shall examine the request of the plaintiff in view of the amended provisions of the BDA Act. The defendant has requested to dismiss the suit. Basing upon these pleadings, the lower court has framed the following issues: