M.R.GOVINDRAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, in seeking the following relief/s, seek vindication of their exclusive rights to the property measuring east to west 21 feet and north to south 54 in Sy. No.43 of Yedeyuru, BSK II Stage, Bengaluru1 [the subject property]. The petitioners have sought for the following reliefs:

(2.) The petitioners assert rights to the subject property under the judgment and decree in the original proceedings in OS No. 5171/1980 which is confirmed in appeal by this Court. The first to third petitioners' Power of Attorney, Sri Vasudevan C, has transferred the subject property in favour of Sri Fakeer Nagappa Savanoor under the sale deed dtd. 28/5/2015. Sri Fakeer Nagappa Savanoor in turn has transferred the subject property in favour of the fourth petitioner under the sale deed dtd. 7/7/2017. On the other hand, the fourth and the fifth respondents stake claim to the subject property under the impugned sale deed dtd. 3/2/2017 executed in their favour by the BDA.

(3.) The petitioners' case is that the subject land was notified in the year 1963 for acquisition by the City Improvement Trust Board [CITB]. Smt. Munithiurmalamma, who had transferred certain portions of the subject land as revenue sites, submitted her application dtd. 10/10/1963 requesting the CITB to re-convey the portion retained by her. In the year 1976, the BDA called for applications for re-conveyance of revenue sites in acquired lands, including the subject property. Smt. Munithirumalamma, again filed an application requesting for allotment/reconveyance of the extent measuring 26 feet on the southern side, and 129 feet of the northern side and east-west 172 feet. The BDA by its letter in No.BDA/Revenue Site/E(s) 4175/76-77, communicated its willingness to re-convey the aforesaid extent in favour of Smt. Munithirumalamma and thereafter, she also filed an affidavit pursuant to this Communication. Smt. Munithirumalamma retained ownership of the subject property, a smaller extent, because it comprised of a dwelling place, and she continued in possession thereof during her lifetime.