SENA VIHAR OWNERS WELFARE ASSOCIATION (R) KAMMANAHALLI MAIN ROAD Vs. BANDARAPPA BHAKTHADIGALA SANGHA (R) FIRE LIGHT HOUSE

JUDGEMENT

(1.) This is a plaintiffs' appeal. The present appellants as plaintiffs had instituted a suit in O.S.No.2374/2012, in the Court of the XIV Additional City Civil Judge at Bengaluru (hereinafter for brevity referred to as "the Trial Court"). against defendants seeking the relief of permanent injunction restraining the defendants, their members, agents, servants, henchmen and any other persons claiming under them from interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule property in any manner whatsoever.

(2.) The summary of the case of the plaintiffs in the trial Court was that, Army Welfare Housing Organisation, New Delhi (hereinafter for brevity referred to as 'AWHO') was formed and registered as a Society under Societies Registration Act, 1860 before the Registrar of Societies, New Delhi. Its aims and objectives inter-alia included procuring, developing and providing dwelling units of flats to serving and retired personnel of Army and every Defence Sector who are its member registrants. In pursuance of its aims and objectives AWHO framed Army Welfare Housing Organisation Rules, 1987. In furtherance of its objectives, the AWHO approached Bengaluru Development Authority (hereinafter for brevity referred to as 'BDA') for allotment of land in Bengaluru City for construction of flats/houses for its member registrants. Accordingly, BDA has allotted lands in Sy.No.24/2, 25, 34/1, 34/3, 35/1, 35/2, 35/3, 36/1 and 36/2 situated in Kacharakanahalli village, Bengaluru North Taluk, Bengaluru totally measuring to an extent of 14 acres 22 guntas, in favour of the AWHO, by executing an Agreement dtd. 28/9/1985. The Possession Certificate with regard to these lands was issued by BDA on 20/3/1986 on Lease cum Sale Agreement for a period of thirty (30) years.

(3.) It is further contended by the plaintiffs that the member registrants/owners of apartments and independent plots/houses having purchased the same from AWHO in Sena Vihar Complex, initially formed Sena Vihar Housing Cooperative Society Ltd., registered under Karnataka Cooperative Societies Act, 1959 on 20/5/1994. The same was later converted into Sena Vihar Owners Welfare Association (Regd.,) which is the first plaintiff, under the Karnataka Societies Registration Act, 1960, to administer, maintain and manage the Sena Vihar Complex promoted by AWHO.