CHANNAMMA Vs. AIRCRAFTS EMPLOYEES CO-OP SOCIETY

JUDGEMENT

(1.) The present Regular First Appeal is preferred by the plaintiffs assailing the judgment and decree dtd. 3/2/2017 in O.S. No. 4597/2010 on the file of the XXXI Additional City Civil and Sessions Judge, Bengaluru City (CCH-14) (hereinafter referred to as 'the Trial Court' for short). By the impugned judgment and decree, the Trial Court, dismissed the suit of the plaintiffs for permanent injunction.

(2.) Suit for permanent injunction restraining the defendant from interfering with the plaintiffs' peaceful possession of Survey No.73 measuring 30 guntas situated at Thubarahalli Village, Varthur Holbi, Bengaluru South Taluk (hereinafter referred to as the 'suit schedule property' for short). The case of the plaintiffs is that late Chowdappa purchased 35 guntas in Survey No.73 by a registered sale deed dtd. 18/1/1947. Out of this, 05 guntas were sold to one Sri Paji C. Lurke. After Chowdappa's death on 8/3/2001, the land was partitioned among the legal heirs, i.e., the plaintiffs. The defendant-Aircrafts Employees Cooperative Society Limited ('society' for short), which had developed nearby lands for its members, are attempting to trespass and encroach the plaintiffs' property and hence, the suit for permanent injunction.

(3.) Suit is not maintainable and is barred under Sec. 125 of the Karnataka Co-operative Societies Act, 1959 ('the KCS Act' for short). Further, it is contended that the land including Survey No.73 was acquired by the State Government for the benefit of the society. Notification was issued under Sec. 4 (1) of the Land Acquisition Act, 1894 ('LA Act,' for short) dtd. 24/9/1981 and under Sec. 6 (1) final notification dtd. 14/10/1982 was issued under the LA Act . The award was passed, compensation was paid to the land owners and possession was taken and handed over to the society. It is averred that the layout is formed and approved by the BDA. Civic amenity site is reserved for park. Relinquishment deeds have been executed in favour of BDA and the plaintiffs have no subsisting right or possession.