TOWN MUNICIPAL COUNCIL Vs. NAGAMMA

JUDGEMENT

(1.) PRESENT appeal is filed by the sole defendant of an original suit bearing O.S. 119/1995 which was pending on the file of Court of the Munsiff and JMFC, Hunsur. Respondent herein was the plaintiff in the said suit. Divergent Judgment of the first appellant is called in question by the appellant -defendant. Parties will be referred to plaintiff and defendant as per their ranking in the Trial Court.

(2.) PLAINTIFF chose to file a suit for bare injunction in respect of vacant space measuring 10 ft. x 45 ft. as described in the schedule appended to the plaint. According to the plaintiff, land measuring 10' x 45' feet abutting her house is the property belonging to defendant -Town Municipal Council, Hunsur (for short "TMC"). Eastern side of the house is being purchased by the plaintiff under a registered sale deed dated 27.4.1993 from one Ramasetty. The said house measures East -West -18' and North -South -50'. The plaintiff is in lawful possession of the said house since 1993. Schedule property is beneficial to the plaintiff and hence she had submitted an application on 20.3.1994 to the defendant -TMC requesting to grant or allot the same in her favour. The elected body of the defendant had resolved to grant the space to the plaintiff as per the resolution dated 24.6.1994 at the rate of Rs. 10/ - per sqft. Therefore, a sum of Rs. 4,500/ - was deposited by the plaintiff with the defendant vide receipt dated 1.7.1994. Later on, defendant sent the entire records to the Deputy Commissioner for obtaining his consent to allot the said suit property in favour of the plaintiff. Later on plaintiff was intimated that prevailing rate is Rs. 11.27/ - per sqft and was asked to deposit the remaining amount of Rs. 585/ - and same was deposited on 15.3.1995.

(3.) DEFENDANT has chosen to file a detailed written statement. Plaintiff has been called upon to prove the contents of the plaint. Since Deputy Commissioner directed defendant -TMC vide 20.9.1995 to retain the schedule property as Municipal property, same was intimated to the plaintiff and therefore suit is not maintainable. With these pleadings, defendant has requested the court to dismiss the suit.