COMMISSIONER Vs. P. DHANRAJ

JUDGEMENT

(1.) This appeal is filed by the appellant-defendant Bangalore Development Authority (for short, 'the BDA') under Sec. 96 of Civil Procedure Code challenging the judgment and decree dtd. 4/10/2007 passed by the XIII Additional City Civil Judge, Bangalore, in O.S.No.15626/1999, 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 plaintiff is that one Krishna Reddy s/o Chikkatayappa along with his brothers are the joint owners of the land bearing No.107/4 measuring 2 acres 11 guntas and 5 guntas of Kharab land situated at Challakere Village, K.R.Puram Hobli, Bangalore. The said land has been acquired by the BDA under the Bangalore Development Authority Act for the formation of layout called Hennur Road-Banaswadi Road Layout vide preliminary notification dtd. 21/3/1979 and final notification was issued on 14/5/1980. Further case of the plaintiff is that the Government by notification dtd. 16/1/1998 denotified the land measuring 21 guntas of land. After denotification, Krishna Reddy being the absolute owner of 21 guntas of land of Sy.No.107/4, formed private layout compromising of 9 sites and sold site Nos.6 and 7 in favour of K.N.Nagendra and Rizwanulla under two sale deeds dtd. 28/5/1998. They inturn sold the same in favour of plaintiff by registered sale deed dtd. 17/8/1998. From the date of purchase, the plaintiff is in possession and enjoyment of the sites and he is paying taxes to the BBMP. On 8/6/1999 at about 3:00 p.m. the officials of BDA came to the suit schedule property and demolished the entire compound wall and portion of the building. Immediately, the plaintiff got issued a legal notice to the BDA. Thereafter, the plaintiff has filed the suit for injunction.