ITI EMPLOYEES HOUSING CO-OPERATIVE SOCIETY Vs. KAVERAMMA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree, dated 22.9.2011 passed by the Court of the XVIII Additional City Civil Judge, Bangalore in O.S.No.6069/2005.

(2.) THE facts of the case in brief are that the first respondent claims to be the absolute owner in possession of the suit schedule property measuring 8 guntas at Survey No.18/11 of Yellukunte Grama, Begur Hobli, Bangalore South Taluk. She claims that the mutation, etc. stand in her favour in respect of the suit schedule property. On the northern, eastern and western side of the suit schedule property, the property belonging to the appellant is situated. On the southern side of the suit schedule property, the property belonging to the second respondent is situated. As the appellant and the respondent No.2 have attempted to encroach the plaintiff's suit schedule property, she filed the police complaint and thereafter filed the suit seeking the relief of permanent injunction.

(3.) THE appellant (first defendant in the suit proceedings) filed the written statement contending that the suit is not maintainable. As the appellant is a Co -operative Society, the suit cannot be filed without issuing the notice in compliance with the requirement contained in Section 125 of the Karnataka Cooperative Societies Act, 1959. It was contended that the appellant is the absolute owner in possession of the land bearing Survey Nos.18/5, 18/6 and 18/10. The appellant denied that it was trying to encroach the suit schedule property.