CHINNAPPA Vs. CORPORATION CITY OF BANGALORE

JUDGEMENT

(1.) THE appellant is the plaintiff, filed a suit for declaration of title and permanent injunction in respect of the suit site. The plaintiff claims that the suit site was the part of Sy. No. 21 of Sunkenahalli Village. The erstwhile landlord formed revenue sites and the suit site was purchased by the plaintiffs father under Ex. P. 2 in the year 1963. Since then the plaintiff claims to be in possession and enjoyment by putting up a small structure. When defendant tried to interfere, the suit is filed.

(2.) THE defendant in the written statement admits existence of a temporary structure on the suit site but denies the title of the plaintiff. It is pleaded that the suit site is a civic amenity site handed over by the bda to the defendant for the purpose of civic amenities. The plaintiffs title over the civic amenity site is denied.

(3.) IT is pertinent to note that prior to the suit, the plaintiff had filed a suit in O. S. No. 2252 of 1982 for permanent injunction in respect of the present suit property. The Trial Court dismissed the suit on the ground that plaintiff has failed to prove lawful possession. The judgment and decree was confirmed by this Court in R. F. A. No. 561 of 1985.