NAVANEETHAMMA Vs. COMMISSIONER

JUDGEMENT

(1.) This is a plaintiffs' appeal. The present appellants as plaintiffs had instituted a suit against the present respondents, arraigning them as defendants in O.S.No.7842/2009, in the Court of the learned XVI Additional City Civil and Sessions Judge, Bengaluru City, (CCH.No.12), (hereinafter for brevity referred to as "the Trial Court"), seeking the relief of permanent injunction, restraining the defendants from interfering with their peaceful possession and enjoyment over the schedule property and to stop the construction work and such other reliefs.

(2.) The summary of the case of the plaintiff in the Trial Court was that, the original plaintiff - Smt. Naveneethamma is the owner of the suit schedule property having purchased the same under a registered Sale Deed dtd. 28/2/1981 from one Smt. Radha Varadarajan for a valuable consideration. The khata of the suit schedule property was made in her name and she has been paying the taxes to the Corporation in respect of the suit schedule property and enjoying the possession of the suit schedule property.

(3.) In response to the suit summons served upon them, the defendants appeared before the Trial Court through their counsel and filed their Written Statement. In the Written Statement, the defendants denied the title and possession of the plaintiffs over the suit schedule property. They contended that there is a playground area called as 'Tank area play ground' situated in Subrahmanya Nagar, measuring an extent of 25,208 sq.ft. The said entire area is a vacant land belonging to the defendant - BBMP without any constructions there upon excluding the construction put up by the BBMP. It is also contended that in the said playground area, the defendants are constructing a building on their own land, in an area measuring 70 ft. x 40 ft. and putting up a 'Public Library' and a 'Bangalore One Centre'. They denied that the plaintiff had obtained any sanctioned plan to put up construction on the alleged suit schedule property.