K.N. VENKATACHALAIAH Vs. GULLAPPA

JUDGEMENT

(1.) This second appeal is by the unsuccessful plaintiff in O.S. 45/1992 on the file of the Civil Judge (Jr. Dn.) and JMFC, Hosakote, dismissing the suit filed by him for declaration of his title to the suit schedule property and also for permanent injunction.

(2.) The subject matter of the suit is a land measuring 2.32 guntas in Survey No.6 of Beerahalli Village in Nandagudi Hobli, Hosakote Taluk.

(3.) The appellant-plaintiff filed the said suit seeking declaration of his title inter alia contending that the suit schedule property was a Service Inam Land attached to the Village Office of Shanbhog; that he was the holder of the said village office, as such, he was in possession and enjoyment of the property; that after the Karnataka Village Offices Abolition Act, 1961 ( for short, the Act') came into force, he filed application before the Assistant Commissioner, Doddaballapur Sub-Division, Bangalore, seeking re-grant of the land under Section 5 of the Act and after holding enquiry, the Assistant Commissioner by order dated 05.07.1972, re-granted the land to him; that subsequent to the grant of the said land and in the interest of the public, he gifted the said land to Sri Dharmarayaswamy Temple of Shivapura, however, retained the possession of the land with himself agreeing to give proceeds derived out of the said land to the temple for better performance of pooja; that thus, he continued to remain in possession of the suit schedule property; that subsequent to the execution of the Gift Deed, when some persons concerned with the temple tried to act detrimental to the purpose stated in the gift deed, the plaintiff cancelled the gift deed under the registered document dated 21.02.1984 on the ground that Shanbhog Inamthi Land which was re-granted to him cannot be gifted; that by virtue of the said cancellation of gift, he continued to be the owner of the property in possession of the same; that there were certain proceedings initiated by the Tahsildar which culminated in orders which ultimately ended in a writ petition filed before the High Court wherein it was observed that both the parties are governed by the outcome of the civil dispute pending between the parties.