COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY Vs. NAGARAJA

JUDGEMENT

(1.) Though this matter is listed for orders on application for early hearing, however, the same is heard on merit. This appeal is by the defendant-BDA against the judgment and decree in O.S. No. 1078 of 2000, dated 23-1-2008 on the file of the 27th Additional City Civil and Sessions Judge, Bangalore.

(2.) The suit is one for permanent injunction restraining the defendant and its officials from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiff.

(3.) The case of the plaintiff was that, the property measuring 1 acre 37 guntas bearing Sy. No. 29/1 of Devarachikkanahalli, Begur Hobli, Bangalore South Taluk bounded on the East by old gramatana land, West by the property of Sri Rajagopalaiah in Sy. No. 33/1 and that of Sri Srinivasaiah, North by the garden land of Sri Srinivasaiah and South by the remaining land in Sy. No. 29/1, is in possession and enjoyment of the plaintiff. The plaintiff has acquired the suit schedule property in partition amongst the members of his family. The remaining portion measuring 6 acres 12 guntas has gone to the other members of the family. Since the neighbouring lands were developed and sites were formed by converting the lands from agricultural to non-agricultural, the plaintiffs have also put up construction in the portion of the suit schedule property and has been living in the said property. Likewise, the owners of the adjoining lands have also put up construction and are also living there. When the officials tried to interfere with the possession in 1993 on the basis of the land acquisition, application was filed for de-notifying the lands. However, in 2000, the defendant tried to interfere with the suit schedule property, as such, the plaintiff was constrained to file the suit.