D N NANJUNDAIAH Vs. L S RAMALINGAIAH

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the judgment and decree in O.S.No.1987/1981 dated 5.2.2005 on the file of the 10th Addl. City Civil Judge, Bangalore.

(2.) THE suit is one for declaration, declaring that the plaintiff is in possession of the suit schedule property and for possession of the suit schedule property to be delivered by the defendant to the plaintiff in the event the Court comes to the conclusion that the plaintiff was not in possession.

(3.) THE suit was contested by the 2nd defendant denying the title of the plaintiff, inturn claimed prior to the alleged sale deed in favour of the plaintiff. The 1st defendant had already sold the suit schedule property in favour of the 2nd defendant under registered sale deeds dated 4.6.1969 and 17.6.1969. The 2nd defendant being the owner of the land bearing Sy.Nos.443/02, 446, 413/3, 412/1, 415/1, 413/2, 413/4, and 445/1 had formed a layout in 1972, forming 135 sites at first stage and 122 sites at the second stage. The BWSS, Bangalore also provided water supply and sewage connection. The plaintiff's site is not in existence and he had purchased the site which was not in existence at the time of sale deed. Defendant No.2 also denied that it had written any letter to the plaintiff demanding Rs.500.00 towards layout charges and such a letter, even if it is written by someone, will not be binding on the defendant No.2. The plaintiffs have no right, title and interest over the suit schedule property. Even otherwise also, the suit is liable to be dismissed as not maintainable as it does not comply with the required provisions of law.