Commissioner,Bangalore Development ... vs K.S. Narayan

2-3. The respondent K.S. Narayan filed Original Suit No. 5371 of 1989 in the court of City Civil Judge, Bangalore, praying that a decree for permanent injunction be passed against the defendant Bangalore Development Authority, their agents and servants restraining them from interfering with the plaintiff's possession and enjoyment of the plaint scheduled property and from demolishing any structure situate thereon. The case of the plaintiff in brief is as follows. The plaintiff purchased the property in dispute bearing No. 46, situated in Banasawadi village, K.R. Pura Hobli, Bangalore South Taluk from S. Narayana Gowda by means of a registered sale deed dated 17.6.1985. The erstwhile owners of the property had obtained conversion certificate from the Tehsildar and the property is situated in a lay out which is properly approved by obtaining conversion for non- agricultural use from the competent authority. The plaintiff applied for mutation entries and the same was granted in his favour. The property in dispute was not covered by any acquisition proceedings as neither notice of acquisition had been received nor any award regarding the said property had been passed. The defendant had no right, title or interest over the property but it was trying to dispossess the plaintiff from the same on the ground of alleged acquisition. The plaintiff issued a notice to the defendant on 11.7.1989 calling upon it not to interfere with his possession and enjoyment of the property in dispute but no reply had been received. It was pleaded that the cause of action to file the suit arose on 11.7.1989, the date of the notice and also when the defendant tried to dispossess the plaintiff from the disputed property.

5. The parties adduced oral and documentary evidence in support of their case before the trial court. The learned XIII Additional City Civil Judge, Bangalore, decreed all the ten suits by the judgment and decree dated 30.1.1991. The Bangalore Development Authority, the appellant herein, preferred ten appeals against the judgment and decree of the trial court before the Karnataka High Court. The High Court held that though the plaintiffs had filed the suit claiming to have title and possession over the property in dispute but in fact their possession over the plaint scheduled property on the date of the suit was not established. The plaintiffs had not claimed any relief for delivery of possession over the property. The High Court accordingly allowed the appeal, set aside judgment and decree of the trial court and remanded the suit for fresh decision with liberty to the plaintiffs to apply for amendment of the plaint for which purpose one month time was granted. It was further mentioned in the order that if the plaintiffs did not apply for amendment within one month the trial court shall dismiss the suit. However, if the plaintiffs applied for amendment of the plaint, the defendant in each suit shall be given opportunity of filing further written statement and thereafter the suit shall be disposed of in accordance with law.

15. In the result the appeals succeed and are hereby allowed. The judgments and decrees passed by the High Court, which are subject- matter of challenge in the present appeals, are set aside and the decrees passed by the trial court on 29.3.2001 dismissing the suits are affirmed. No order as to costs.