SHARADAMMA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE property in question is a site bearing No. 3 situated in Gokul I Stage, I Phase, Yeshwanthpur, Bangalore measuring East to West 60' and North to South 40. This site was allotted to one Muniyappa, husband of Sharadamma, the mother of the petitioners herein on 29-3-1971 by the then City Improvement Trust Board (hereinafter referred to as the 'board' ). The allottee Muniyappa requested the Board to transfer the site in question in the name of his wife Sharadamma and accordingly the site was transferred in the name of Sharadamma and possession certificate was also issued on 20th May, 1971 as per Annexure-A. Some persons tried to illegally build sheds and interfere with her possession of the site in question and therefore Sharadamma filed O. S. No. 1121 of 1971 in the Court of the Munsiff, Bangalore against L. Rama Reddy, Anjanappa, Subadra Bai, City Improvement Trust Board, Appaswamy, Y. Krishonoji Rao, Shivaji and Tukaram for permanent injunction and for mandatory injunction for demolition of the sheds unauthorisedly constructed on the site. The said suit was decreed on 18-1-1977 as per Annexure-B.

(2.) IN the meanwhile, Subadra Bai who was defendant 3 in the said suit had sold this site to H. B. Nagesh Rao-respondent 2 herein on 24-2-1972. The possession certificate was also issued in his name by the Board on 20-8-1975. Respondent 2-H. B. Nagesha Rao filed O. S. No. 5446 of 1980 on the file of the learned XIV Additional City Civil Judge, Bangalore against Sharadamma, Muniyappa, Subadra Bai and Bangalore Development Authority for declaration and permanent injunction. That was filed on 7-9-1978. The said suit was decreed by the Civil Court on 13-9-1988 as per Annexure-E. Sharadamma, the mother of the petitioners herein and her husband Muniyappa filed R. F. A. No. 109 of 1989 before this Court against the said decree and the petitioners herein were brought on record as the L. Rs. of Sharadamma and Muniyappa in the said appeal.

(3.) THE prayer of the petitioners in this petition are as follows: