R SRINIVAS Vs. COMMISSIONER BANGALORE DEVELOPMENT

JUDGEMENT

(1.) THIS is a plaintiffs appeal challenging the judgment and decree passed by the 9th Addl. City Civil & Sessions Judge, Bangalore dated 31.01.2009 in O.S.No.7882/2000 dismissing the suit of plaintiffs for perpetual injunction.

(2.) THE following facts have led to the filing of the present appeal and parties are referred to as per their rank in trial Court.

(3.) PLAINTIFFS filed suit O.S.No.7882/2000 seeking relief of perpetual injunction against the defendant Bangalore Development Authority (hereinafter referred to as 'BDA' for short) in respect of schedule 'A' and 'B' properties bearing No.37 and 38, H.L.No.55/2B carved out of Sy.No.55/2B and property bearing Nos.7 and 10 of H.L.No.242/1 and 242/2 carved out of Sy.No.69/1 of B.Channasandra, K.R.Puram Hobli, Bangalore South Taluk (hereinafter referred to as 'suit schedule property') contending interalia that they had purchased the said properties under two sale deeds dated 21.11.1990 and 20.9.1991 from Sri Gopala Reddy, Smt.Muniyamma and Sri Venkataswamy respectively. It was also contended by plaintiffs that when they purchased suit schedule property, residential building had already been constructed by their vendors about 16 years prior to it as reflected in the recitals found in the sale deeds. They also contended that Government of Karnataka had come out with an act for regularizing such unauthorized construction made prior to 01.03.1990 even on acquired land and as such plaintiffs are entitled for regularization of the same. Plaintiffs also contended that taxes have been paid and they are in possession and enjoyment of suit schedule properties. Apart from contending that acquisition had lapsed and at no point of time, possession of suit schedule properties were taken either from plaintiffs or their predecessors in title, they sought for grant of perpetual injunction.