SHIVARAJ Vs. COMMISSIONER, CITY MUNICIPAL COUNCIL AND OTHERS

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant Sri. Sharanabassappa K. Babshetty. Perused the judgment of the Trial Court and the First Appellate Court.

(2.) It is the case of the plaintiff in O.S. No. 103/2002 that, the Defendant No.2 Sri. Vaijinath is also claiming that, he is the owner in possession of the said property having purchased the same from Defendant No.1. The Defendant No.2 falsely representing by its bogus representation before the CMC, Bidar got issued a false notice to the plaintiff on 01.01.2001. The defendant No.1-Society appeared through its counsel and filed the written statement and in fact, denied the possession and ownership over the property by the plaintiff to the extent of 50' x 50' etc., The defendant No.1 in O.S. No. 103/2002 i.e., the President of NGO's Society has stated that the defendant No.1 was the owner in possession of the suit plot which was allotted and sold to Defendant No.2. The plaintiff admittedly is an agriculturist and he is a member of NGOs Housing Cooperative Society Limited. Therefore, the question of allotting the suit plot to the plaintiff does arise. The defendant No.1 also denied the interference with the plaintiff's possession as the Defendant No.1 denied the possession of the plaintiff over the property.

(3.) The defendant No.1 submits that the defendant No.2 is the allottee of Plot No.20 and defendant No.2 had purchased another open site lying behind Plot No.20 towards Western side numbered as Plot No.20(A), through a registered sale deed dated 08.01.2001. On the basis of the said sale deed, the defendant No.2 has become the actual owner of Plot Nos.20 and 20(A).