GOLDEN VALLEY EDUCATIONAL TRUST OORGAM REPRESENTED BY ITS PRESIDENT Vs. VOKKALIGARA SANGHA REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) This is a plaintiffs appeal against the judgment and decree of the trial Court, which has dismissed the suit of the plaintiff for declaration, mandatory injunction and permanent injunction. For the purpose of convenience, the parties are referred to as they are referred to in the suit.

(2.) The subject matter of the suit is all that piece and parcel of the land bearing Sy. No. 128 (old No. 51) situated at Srigandhadakaval, Bangalore North Taluk to the extent of 11.23 acres which is more particularly described in the plaint as 'A' schedule property i.e., the first item. The second item is all that piece and parcel of the land in Sy. No. 129 (old No 51) situates at Srigandhadakaval, Bangalore North Taluk to the extent of 15 acres, which is more particularly described in the schedule and referred to as schedule 'B' property.

(3.) Plaintiff is a registered Trust running Educational Institutions. Their case is in order to expand the educational activities to rural areas, the plaintiff along with the defendant who are also similarly placed, approached the Government of Karnataka for grant of certain lands for the sole object of establishing Educational Institutions in rural areas. The Government of Karnataka was pleased to accord sanction to grant 25 acres of land out of the total extent of 47 acres 11 guntas available in Sy. No. 51 of Srigandhadakaval, Bangalore North Taluk in favour of the plaintiff i.e., 10 acres at an upset price of Rs. 300/- per acre and 15 acres on lease for a period of 30 years.