UNION OF INDIA Vs. AZMATHULLA MEKHRI

JUDGEMENT

(1.) This regular First Appeal is filed challenging the judgment and decree dated 06.03.2002 passed by the XVI Additional City Civil & Sessions Judge, Bangalore, decreeing O.S.No.1357/1982 declaring that the plaintiffs respondents herein were the full and absolute owners of the suit schedule properties and directing the defendants Union of India and the Authorities of the Defence Department appellants 1 to 4 herein to hand over the actual physical possession of the suit schedule properties to the plaintiffs, along with costs of the suit.

(2.) The suit schedule properties consists of Sy.No.7 measuring 1 acre 21 guntas, Sy.No.23 measuring 2 acres 4 guntas and Sy.Nos.32 to 36 admeasuring 3 acres 37 guntas, all situated in K.G.Byadarahalli Village, Kasaba Hobli, Bangalore North Taluk which are now part of Bangalore City.

(3.) The case of the plaintiffs was that the suit properties were part of 'Kayam Gutta' land in Kayam Gutta Village of Byadarahalli. They were originally granted to one Narayanapillai which were later on transferred to one Ramaswamy. The same were subsequently inherited by Yellappa, son of Ramaswamy. According to the plaintiffs, this was recognized by the then Government under 'Nirooop' dated 26.01.1831 issued by Fouzdar Thimmapparaja Urs to Anil of Krishnarajapur, whereunder grant of the Village to Narayana Pillai on Kayam Gutta basis was authorized, pursuant to a general order dated 08.12.1929 issued by His Highness the Maharaja of Mysore conferring such authority on the Fouzdar. From Narayana Pillai, one Sri Ramaswamy purchased the lands under a Deed of Transfer. Thereafter, in a Court auction one Sri Doddi Suryanarayana Shetty purchased these lands. The said Sri Doddi Suryanarayana Shetty as Jodidar of the Village sold his rights under a Sale Deed dated 02.01.1936 to one Subedar Michael. The said Sri Subedar Michael, thus became the Jodidar of the Village. During his lifetime, he gave these lands to the plaintiffs during the year 1953 for cultivation on payment of rent in cash. Subedar Michael died in the year 1954. Upon his death, one Anthony Michael became the Jodidar being his only son and legal heir.