A. NATARAJ Vs. KRISHNAMURTHY

JUDGEMENT

(1.) This appeal is filed by the appellant-plaintiff under Sec. 96 of CPC challenging the judgment and decree dtd. 11/7/2008 passed by XXXIX Addl. City Civil and Sessions Judge, Bengaluru in O.S.No.7731/2001, whereby the suit filed by the plaintiff has been dismissed.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Trial Court in original suit.

(3.) The case of the plaintiff: Plaintiff is the member of Karnataka Urban Housing Co-operative Society Limited. The Society had acquired the lands in Sy.No.60/1 an 61/1 of Agrahara Dasarahalli, Yeshwantpur Hobli, Bangalore for the purpose of forming residential layout and formed the layout, which has been approved by Bangalore Development Authority (BDA). By Resolution dtd. 23/10/1994, site No.64 at Agrahara Dasarahalli, West of Chord Road measuring 50x80 feet was allotted to the plaintiff. Pursuant to the allotment of site, the plaintiff has paid the consideration amount of Rs.100,000.00 and thereafter the society has executed the registered sale deed dtd. 27/10/1994 in favour of plaintiff and possession was handed over to the plaintiff on the same day. Pursuant to that, katha has been changed in favour of the plaintiff and katha certificate has been issued by the BDA in the name of the plaintiff. The further case of the plaintiff is that on 3/10/2001 at about 10 a.m., when the plaintiff was getting the site cleaned up, the defendant came to be spot and threatened the plaintiff and his workers not to clean the site and tried to interfere with the suit schedule property. Therefore, the plaintiff filed the suit for permanent injunction.