Ravish And Anr vs R. Bharathi

3. Briefly stated, case of the respondent/plaintiff as per the averments in the plaint is as follows:- Respondent/plaintiff filed the suit bearing OS No.4376 of 2014 for permanent injunction claiming that she is the absolute owner of the site bearing No.1077/21. Case of the respondent/plaintiff is that the said site came to be allotted in her name by Vishwabharathi House Building Co-operative Society (for short ‘VHBC Society’) by way of allotment letter dated 02.08.2004. Pursuant to the issuance of site allotment letter dated 02.08.2004, VHBC Society executed sale deed dated 06.12.2004 in favour of the respondent/plaintiff which came to be registered on 09.12.2004. Respondent/plaintiff states that the VHBC Society had issued possession certificate dated 10.01.2005 in her name. Further case of the respondent/plaintiff is that as there was dispute amongst the members regarding allotment of sites, some members of the VHBC Society filed a writ petition against VHBC Society and in the said writ petition vide order dated 16.11.2010, the High Court stipulated certain guidelines to be followed by VHBC Society for allotment of sites to the members. Pursuant to the direction of the High Court, VHBC Society issued a paper publication calling upon its members to produce the documents pertaining to the seniority and eligibility of its members for allotment of sites in the layout formed by VHBC Society as per the new Bangalore Development Authority(BDA) layout plan.The respondent/plaintiff states that VHBC Society issued a fresh allotment letter dated 14.06.2013 allotting a new Site No.4307 measuring 139.40 sq. mtrs. in Phase-IV of VHBC Society layout which was approved by BDA. Further case of the respondent/plaintiff is that subsequent to the issuance of the said allotment letter dated 14.06.2013, a supplement deed dated 30.08.2013 came to be executed in favour of the respondent/plaintiff for the said Site bearing No.4307. Possession of the said site is also said to have been given to the plaintiff for the new Site No.4307 with the possession certificate dated 19.11.2013. Claiming that she is the owner of the said Site No.4307 and alleging that the appellants/defendants are trying to interfere with her possession, respondent/plaintiff filed the suit bearing OS No.4376 of 2014 for permanent injunction before the XVII Additional City Civil and Sessions Judge, Bengaluru.

4. In the said suit, summons were served upon the appellants/defendants but the appellants did not appear in the suit. Based on the evidence of the plaintiff (PW-1) and the documents filed by the respondent/plaintiff, the suit was decreed ex-parte on 13.10.2014. Being aggrieved by the ex- parte decree passed in OS No.4376 of 2014, the appellants/defendants filed Regular First Appeal bearing No.522 of 2015. Case of the appellants/defendants is that the suit schedule property originally being carved as bearing Site No.690 came to be sold by VHBC Society in favour of Shri M.N. Sundaresh by a registered sale deed dated 27.06.2003. The said VHBC Society also gave possession of the said property Site No.690 in favour of the said M.N. Sundaresh and to that effect, a possession certificate was also issued by VHBC Society in favour of the said M.N. Sundaresh. Further case of the appellants/defendants is that they purchased the suit property bearing Site No.690 by a registered sale deed dated 03.06.2011 from the said M.N. Sundaresh. Case of the appellants is that the suit property is nothing but Site No.690 and only the appellants are in possession and enjoyment of the suit property. Further case of the appellants/defendants is that the plaintiff/respondent has manipulated certain documents to lay a false claim in the suit property.

7. In the result, the impugned judgment of the High Court as well as the trial court is set aside and the matter is remitted to the trial court for consideration of the matter afresh. The appellants/defendants are directed to file their written statement within four weeks from today and the trial court is directed to afford sufficient opportunity to both the parties to adduce their evidence and proceed with the matter in accordance with law. We make it clear that we have not expressed any opinion on the merits of the matter.

8. The appeal stands allowed on the above terms.

March 07, 2017