MANORAMA Vs. JAYABORE GOWDA

JUDGEMENT

(1.) The land to which this writ petition relates was admittedly acquired under the provisions of the Land Acquisition Act, and the original owner of the property subsequently made an alienation in favour of the petitioner in the year 1960 after the land had vested in Government.

(2.) In the year 1965, the City Improvement Trust Board, which claims to be a transferee of the property from Government, leased the property to respondent 1. Respondent 1, the lessee, it appears has begun the construction of a petrol pump on that land. The petitioner now seeks in this writ petition a direction that respondent 1, the lessee, and respondent 2, the City Improvement Trust Board, should not interfere with the petitioner's possession of the property and that they should be restrained from digging up the foundation or from raising any construction on it.

(3.) On behalf of the petitioner the claim asserted is that she is in possession of the property after she purchased it under a registered sale deed in the year 1960 from the original owner Krishnappa. Mr. Mariappa, who did not dispute that the property was acquired by Government, which, according to him, continued to remain with her at all relevant points of time. The other argument advanced by him was that under the provisions of the City of Bangalore Municipal Corporation Act, 1949, as it stands amended by Mysore Act 27 of 1963 (the City of Bangalore Municipal Corporation (Amendment) Act, 1963), the area in which the property which is the subject matter of this writ petition is situate, was included in the City of Bangalore and that thereafter the Corporation recognised the possession of the petitioner with respect to the land and that such possession which was recognised by the Corporation entitles her to seek the directions which she has sought in this writ petition.