THE BANGALORE DEVELOPMENT AUTHORITY Vs. P. SUBRAMANYAM

JUDGEMENT

(1.) HEARD the learned counsel for the appellant. The appellant is the Bangalore Development Authority (BDA). The respondent was the plaintiff before the trial court in a suit for permanent injunction.

(2.) IT was the case of the plaintiff that his paternal grand father one Panthangi Krishnaiah had owned 9 acres and 24 guntas of arable land as also 15 guntas of kharab land appurtenant thereto, in land bearing Survey No. 113 of KG. Byadarahalli, Civil Station, Bangalore. That he also owned 2 acres and 1 gunta of land in Survey No. 95 and another extent of 14 guntas in Survey No. 11 and yet another extent of 5 guntas of land in Survey No. 111 of the same village. He is said to have purchased the said land from Kayamguttedar and another, under several sale deeds. That Kayamguttedar and another person, released their rights in respect of 9 acres and 24 guntas of land in Survey No. 113 and 2 acres 1 gunta of land in Survey No. 95, in favour of Pantangi Krishnaiah under a registered release deed dated 4.8.1945 and the revenue survey department had started survey operations in the year 1940 and completed it in the year 1944, followed by revenue survey fiscal patrika, with regard to 9 acres and 24 guntas of land in Survey No. 113, as a permanent tenant and that the jodidar of the village had issued a conversion receipt for the conversion of land in Survey No. 113 for non -agricultural purposes and the pattas in respect of the lands in question stood in the name of Pantangi Krishnaiah and after his death, the plaintiff, who was one of his sons, had claimed as the owner. In the year 1958, an extent of land measuring 36 guntas and 44 square yards in land bearing survey No. 113 was said to have been acquired by the State, to lay a pipeline under the Machalibetta Scheme and to form a road, which runs all along the pipeline across the land in Survey No. 113. Further, in the year 1965, 1 acre of land in the very survey number was occupied by the army, which led to a suit being filed in OS 478/1966 before the Court of the Munsiff, Bangalore.

(3.) WHETHER the plaintiff is entitled to the relief of injunction. -