COMMISSIONER Vs. P. RAJESHWARI MURTHY

JUDGEMENT

(1.) This appeal is filed by the appellant-defendant No.2 Bangalore Development Authority (for short, 'the BDA') under Sec. 96 of Civil Procedure Code challenging the judgment and decree dtd. 27/2/2008 passed by the XXVII Additional City Civil Judge, Bangalore, in O.S.No.3092/1999, whereby the suit filed by the plaintiff has been decreed.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the trial court.

(3.) The case of the plaintiffs is that originally the suit schedule property belonged to one Smt.K.S.Meenakshi, who had purchased it from one Sri.K.B.Krishna under the registered sale deed dtd. 17/6/1991. Smt.K.S.Meenakshi in turn had sold the western half of the suit schedule property measuring 30x40 feet to plaintiff No.1 under registered sale deed dtd. 3/12/1994 and subsequently, she sold the eastern half of the suit schedule property measuring 30x40 feet to one Sri.Sanjay.K. Shah under registered sale deed dtd. 25/1/1995. Subsequently, Sri.Sanjay.K.Shah sold the portion purchased to plaintiff No.2 under registered sale deed dtd. 13/1/1998. From the date of purchase, the plaintiffs are in possession and enjoyment of the suit schedule property and they are paying taxes to the BBMP. In the second week of October 1998, defendants' officials tried to interfere with the suit schedule property and tried to dispossess the plaintiffs from the suit schedule property. Therefore, the plaintiffs got issued a legal notice dtd. 20/10/1998 to defendant No.2. Thereafter, the plaintiffs have filed the suit for injunction.