JOSEPH SALDHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner plaintiff filed the present writ petition against the order dated 30.10.2018 on I.A. No.6 in O.S. No.47/2010 on the file of the 1st Additional Civil Judge, Mangaluru, Dakshina Kannada allowing the application filed by the respondents defendants under Section 20 of the Karnataka Land Grabbing Prohibition Act 2011 to transfer the case to the Special Court under the Karnataka Land Grabbing Prohibition Act, 2011 (hereinafter called 'the Act' for short).

(2.) The mother of the plaintiff-petitioner herein came in hostile possession of the suit property bearing door No.8-140A consisting of a residential house in the year 1977. Thereafter, the plaintiff-petitioner improved the said house by spending huge amount of money, obtained electricity connection, paying taxes regularly to the local body and he is in possession of the same continuously. The hostile possession of the plaintiff, renovation, planting of coconut trees and other improvements made over the suit property are well within the knowledge of the defendants. The petitioner is in actual, hostile continuous and uninterrupted possession over the suit schedule property for more than 30 years and thereby, perfected his right, title over the property by way of adverse possession and hence, the defendants have lost their right, title and interest over the suit property. As, the officials of the defendants tried to dispossess the petitioner from the suit property, he has filed a suit for declaration of title and consequential injunction restraining the defendants from dispossessing the petitioner and not to demolish the construction made over the suit property.

(3.) During the pendency of the above suit, the defendants-respondents herein have filed an application - IA. No.6 under Section-20 of the Act, seeking to transfer the said suit to the Special Court, constituted under the Act for adjudication and disposal. The petitioner plaintiff filed objections to the said application. The trial Court considering the application and the objections by the impugned order allowed the said application and ordered for transfer of the suit to the Special Court. Hence, the present writ petition is filed for the reliefs sought for.