M K RAMACHANDRA GUPTA Vs. BANGALORE DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) THE appellant was the plaintiff in O. S. No. 5021/2005 on the file of the Learned XVI Additional City Civil and Sessions Judge, Bangalore. The suit was instituted by the plaintiff for perpetual injunction to restrain the respondents - defendants, their agents, servants from interfering with the peaceful possession and enjoyment of the suit property from demolishing any structures or dispossessing him from the suit property and to restrain the defendants from taking up constructional activities on the suit land by the 2nd defendant with the aid of the 1st defendant.

(2.) THE suit property is measuring 2 acres 8 guntas in S. No. 14/16 situated at Tavakerere village, Begur Hobli, Bangalore South Taluk. The suit was contested by the appellant on the ground that the suit was not maintainable since the property was acquired by the Bangalore Development Authority had been allotted to the 2nd defendant. Since the 1st defendant had taken possession and delivered possession to the 2nd defendant, the suit for bare injunction was not maintainable. Based on the above pleadings, the following issues were framed:

(3.) THE Trail Court after hearing the parties and considering the evidence let in by them that in view of the acquisition and in the light of the judgment of the Hon'ble Supreme Court in the case of Laxmaichand and other vs Gram Panchayath Karariya and others AIR 1996 SC 253 and the State of Bihar vs. Dheerendra Kumar and others AIR (1995) 4 SCC 229 held that is the suit was not maintainable and dismissed the suit.