THE COMMISSIONER, THE BANGALORE DEVELOPMENT AUTHORITY Vs. SRI H. GOVINDARAJU, THE CHIEF SECRETARY, THE TAHSILDAR AND BANK OFFICERS CO-OPERATIVE HOUSING SOCIETY LIMITED REPRESENTED BY ITS SECRETARY

JUDGEMENT

(1.) BOTH these appeals are directed against the judgment and decree, dated 10.02.2011 passed by the Court of the XIII Additional City Civil Judge, Mayo Hall Unit, Bangalore in O.S. No. 16507/2005. R.F.A. No. 1060/2011 is filed by the fourth defendant and R.F.A. No. 739/2012 is filed by the third defendant. To avoid confusion, the parties are referred to as per their rankings in the suit proceedings.

(2.) THE facts of the case in brief are that the plaintiff claims to be in occupation of 16 guntas of land at Sy. No. 14/13 of Tavarekere Village, Begur Hobli. It is his case that his father Hanumaiah has been in occupation of the said extent of the land in his capacity as saguvali agreement holder and sale agreement holder. As the owners of the said land had agreed to sell the said land to the plaintiff's father, the plaintiffs father did not file Form No. 7 for the grant of the occupancy rights. The plaintiff has constructed a residential building on an extent measuring 40 x 110 ft He has taken water, electricity and telephone connection to the suit schedule property. On a portion of the suit schedule property he has been running a security service in the name and style of M/s. Vigilant Security Service. He also claims to have perfected his title by way of adverse possession.

(3.) BASED on the rival pleadings, the Trial court formulated the following issues: