MAHAJABEEN NASIR Vs. COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Being aggrieved by the judgment in O.S.No.3542/2002 dtd. 30/3/2007 passed by the learned XXVII Additional City Civil, Bangalore, whereby the suit came to be partly decreed, the plaintiff-Mahajabeen Nasir is before this Court in RFA No.215/2008 and the defendant -The Commissioner, Bangalore Development Authority is before this Court in RFA No.1479/2007.

(2.) The brief facts germane for the disposal of these appeals are as below: The plaintiff has filed the suit for the relief of declaration that the defendant or its officials have no authority to auction the suit schedule property and for permanent injunction to restrain the defendant from interfering with the peaceful possession and enjoyment of the suit schedule property by the plaintiff and also from demolishing the construction that is existing in the suit schedule property.

(3.) The plaintiff contend that she is the absolute owner in possession and enjoyment of the suit schedule property which was a stray site formed by the defendant- BDA. Plaintiff had applied for the allotment of the site to the defendant-BDA, and accordingly, defendant issued a letter dtd. 10/3/1992 and a consideration of Rs.3,595.00 was paid by the plaintiff to the defendant. Consequent upon the said payment, defendant executed the Lease- Cum-Sale agreement in favour of the plaintiff on 23-4- 1992, which came to be registered subsequently on 27-4- 1992, followed by the issuance of the Possession Certificate on 30/4/1992. Ever since the said allotment, the plaintiff was in peaceful possession and the entries in the revenue records of the defendant also changed katha in her favour by endorsement dtd. 29/5/1992. It is contended that the defendant has also executed a conditional registered sale deed in her favour on 06-05- 1992 and the entire area comprising in the suit schedule property is situated within the limits of BMP. Accordingly, the plaintiff is paying property tax as per the demand notice issued by the Bangalore Mahanagara Palike since 1993 and she also made an application to the Bangalore Mahanagara Palike, applying for building permission which was granted to her. It is contended that at the time of applying for the site, she was working as a Part Time Primary School Teacher and her income was below Rs.12,000.00 per annum and therefore, as per Rule 5 of the BDA (Allotment of Sites) Rules 1982-84, she was granted the allotment.