Nasreen Shakeel vs The Printers Mysore Pvt. Ltd on 29 June, 2026

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    Bangalore District Court

    Nasreen Shakeel vs The Printers Mysore Pvt. Ltd on 29 June, 2026

                                                    1                     OS No. 16649/2006
    
    
                                     TITLE SHEET FOR JUDGMENTS IN SUITS
    KABC0A0024572006
    
                              IN THE COURT OF XIII ADDL.CITY CIVIL
                                   COURT AT BENGALURU
                                       (CCH.No.22)
    
    
    
    
                       Present:     Sri. ONKARAPPA.R, B.Sc., LL.B.
                                  XIII ADDL.CITY CIVIL & SESSIONS JUDGE,
                                                 BENGALURU
    
                             Dated this the 29th day of June, 2026
    
                                                  O.S. No.16649/2006
    
    
                PLAINTIFF:                     Smt. Nasreen Shakeel
                                               W/o Shakeel Pasha
                                               Aged about 39 years,
                                               R/a. No. 11, "AASHIYANA"
                                               Leonard Road, Richmond Town,
                                               Bangalore-25.
                                                           (By Sri.SA.,Advocate)
    
                                               VS
                DEFENDANTS:                    1. The Printers (Mysore) Pvt.
                                               Ltd, A. Company incorporated
                                               under the Companies Act, 1956,
                                               having its registered Office at
                                               Plot Nos. 7-12, Kumbalgodu
                                               industrial Area, Kumbalgodu 2nd
                                               Phase, Mysore Road, Bangalore-
                                               560 074 represented herein by
                                       2                  OS No. 16649/2006
    
    
                                 its General Manager Projects Sri.
                                 K. Ramchand
    
                                 2. Bangalore Development
                                 Authority Sanky Road
                                 Bangalore
    
                                            (D1 By Sri. SS, advocate
                                            D2 by Sri. KN, advocate)
    
    
    Date of Institution of the suit              08.09.2006
    
    Nature of the suit                           Injunction Suit
    
    Date of Commencement of                      30.03.2009
    recording of evidence
    
    Date on which judgment was                   29.06.2026
    Pronounced
    
    Total Duration                        Year       Month         Day
                                           19          09           22
    
                                      ( ONKARAPPA.R )
                                 XIII Addl. City Civil & Sessions
                                      Judge, Bengaluru.
                                            3                   OS No. 16649/2006
    
    
                              : J U D G M E N T :

    The plaintiff has filed the suit for permanent
    injunction and she sought for restrainment of the defendant
    and their agents, servants, workman or anybody claiming
    through or under them from encroaching upon the schedule
    property and dispossessing the plaintiff or in manner
    interfering with the plaintiff peaceful possession and
    enjoyment of the suit schedule property and such other
    reliefs. V/s

    In the counter claim 1st Defendant sought for the
    relief, 1st Defendant is the absolute owner of the Written
    Statement schedule B property and consequently direct the
    Plaintiff to quit and deliver vacant possession of the Written
    Statement B property to the 1st Defendant.

    SPONSORED

    As per the plaint averment, plaint schedule property
    is,

    SCHEDULE”A”

    All that piece and parcel of the site bearing No. 2/2
    comprised in katha No. 47. measuring East to West 130 fat,
    and North to south 36+ 34/2 Le. 4,550sqft in total together
    4 OS No. 16649/2006

    with two square asbestos sheet roofed building thereon
    without civic amenities situated at Byrasandra, Uttarahalli
    Hobli, Kattaraguppe Group panchayath Bangalore South
    Taluk, Bangalore, and bounded on the-

    EAST BY        Road,
    WEST BY        Site No.2/4 and 2/5,
    NORTH BY       Property belonging to Mysore Printers
                   and then Green Orchards
    SOUTH BY       Site Nos. 2/1
                           SCHEDULE "B"
    
    

    All that piece and parcel of the site bearing No. 2/4
    comprised in katha No.47, measuring East to West 156 ft.,
    and North to south 25.8 i.e. 4,020sq.ft in total together
    with two square asbestos sheet roofed building thereon
    without civic amenities situated at Byrasandra, Utarahalli
    Hobli, Kattaraguppe Group panchayath Bangalore South
    Taluk, Bangalore, and bounded on the :-

    EAST BY        Site No. 2/1 and 2/2
    WEST BY        20ft., road,
    NORTH BY       Site No. 2/5, and
    SOUTH BY       Site Nos. 2/3
                                      5              OS No. 16649/2006
    
    
                               V/s
    
         As per Written Statement of 1st Defendant, B       Written
    Statement schedule property is
    
                            SCHEDULE
    
    

    All that piece and parcel of the immovable property
    bearing Survey Nos.45 and portion of 46/4 of Byrasandra
    Village in the B.T.M. Scheme measuring 1 acre 20 guntas
    and East to West 270 feet and North to South 255 feet +
    231 feet/2 and bounded as follows:

    On the East by:      Bannerghatta main road:
    West by:             Remaining portion of Survey No.46/4
                         of Byrasandra Village:
    North by:            Property bearing Survey No.20 and
                         21/2 of Byrasandra Village and
    South by:            Portion of property bearing No. survey
                         No. 46/4 of Byrasandra Village.
                           SCHEDULE-B
    
    

    Portion towards the southern side of the Written
    Statement Schedule Property in Sy. No. 46/4 and 45
    measuring about 242 feet East to West by 32+34/2 feet
    North to South in all about 7986 square feet.

    6 OS No. 16649/2006

    2. Brief facts of the case as per plaint averments
    and rejoinder dated 18.09.2008, are as under:- the plaintiff
    is the absolute owner in actual physical possession and
    enjoyment of property bearing Nos.2/2, and 2/4, and
    bearing Khata No. 47, situated at Byrasandra, Uttarahalli
    Hobil, Bangalore South Taluk, which is more fully described
    in the schedule as the suit schedule property., having
    purchased the same from its previous owners SA Lakshman
    and 5 others, under Two sale deeds dated: 17-12-1999. The
    Suit Schedule property originally was the joint family
    property of Sri.Krishnappa, SA Lakshman and SA.
    Ananthappa all Brothers and Sri. SA Krishnappa was the
    Kathedar. Sri. Krishnappa died on 20-4-1994, leaving behind
    his wife Smt. Jayalakshmamma and three Sons namely K.
    Vijayakumar, K. Bhaskar and K. Majundar and four
    Daughters namely K Vimala Devi, K. Vanitha Devi, K.
    Nagambika and K. Manjula. The said property being the
    joint family property came to be divided between the legal
    representatives of said S.A.Krishnappa and his brothers SA
    Lakshman and SA Ananthappa and their sons and the same
    has been reduced into writing as per the memorandum of
    7 OS No. 16649/2006

    partition dated: 14.7.1999 and as described in the layout
    plan of sites forming part and parcel of the said
    memorandum of partition dated: 14.7.1999 As per the said
    partition the Vendors of the plaintiff jointly became entitled
    to the site property bearing No 2/2, which is suit Schedule
    property. Accordingly the vendors of the plaintiff had
    absolute right, title and interest and same was conveyed
    infavour of the plaintiff by executing the sale deed. The
    plaintiff was put in actual physical possession of the Suit
    Schedule property. Thereafter the plaintiff paid up-to-date
    Tax to the concerned authorities. The khata of the Schedule
    property was transferred Into the plaintiff’s name. Further,
    the plaintiff has obtained Sanctioned plan from the
    concerned authorities put up construction on the Schedule
    Property. The plaintiff has been running business in Marbles
    in the name of Seema Marbles and granites in the schedule
    property. The property adjoining the suit schedule property
    is the property belonging to 1 st defendant. 1st defendant’s
    property is fully enclosed by a boundary wall all around.
    Even when the plaintiff purchased the suit schedule
    property and took possession the adjoining property of 1 st
    8 OS No. 16649/2006

    defendant was enclosed by boundary wall. Hence the
    property of the defendant is within the Boundary wall. 1 st
    defendant claim to have acquired the property from B.D.A
    the 2nd defendant who believed to have allotted the property
    to 1st defendant. Even though the plaintiff has been in
    continuous actual physical possession and enjoyment of the
    suit schedule property, 1st defendant with the help of 2 nd
    defendant started interfering with the peaceful possession
    and enjoyment of the schedule property by the plaintiff on
    the ground that, a portion of the suit schedule property
    belonged to them. The claim of 1st defendant is highly
    illegal. The extent of the property belonging to the plaintiff
    is as per and in conformity with the measurement as
    mentioned in the sale deed and beyond the boundary wall
    of the property of the second defendant. However to make
    illegal gain 1st defendant has been imposing great threat to
    dispossess the plaintiff with the help and instance of 2 nd
    defendant. Officials of 2nd defendant came to the schedule
    property and threatened the plaintiff of dispossession. If the
    defendants are permitted to dispossess the plaintiffs, from
    their lawful possession and enjoyment of the property. It
    9 OS No. 16649/2006

    will cause needless complications and is also likely to cause
    grave and irreparable loss and injury to the plaintiff’s
    interest in the suit schedule property. The right Title and
    interest of the plaintiff over the suit schedule property in
    it’s entirety is legally valid and recognized and 1 st defendant
    or 2nd defendant has no manner of right, Title or interest
    over the suit schedule property in part or as a whole. The
    B.D.A 2nd defendant has nothing to do with the suit
    schedule property and to the knowledge and belief of the
    plaintiff the suit schedule property is not the subject matter
    of any acquisition or requisition by the defendant either in
    the past or at present. The suit schedule property does not
    or did not belong to 1st defendant but 1st defendant, hand
    in glove with 2nd defendant is attempting to dispossess the
    plaintiff. Hence this suit. The plaintiff received a notice
    from the B.D.A dated 17.7.06, issued by the Assistant
    executive engineer South Division, demanding the plaintiff
    to appear before this competent officer with all relevant
    documents in connection with an inquiry in respect of land
    in Sy. No 46/4 Byrasandra village, Baneerghatta main Road.
    The plaintiff in response to the said notice he submitted all
    10 OS No. 16649/2006

    the documents pertaining to the title of his property which
    is obviously not in Sy. No.46/4. However the plaintiff has
    been threatened by the defendants of serious action to
    dispossess the plaintiff. The plaintiff got issued a legal
    notice date 22-8-2006 to 2nd defendant stating that the
    plaintiff is the owner of property in katha No. 47 and has
    nothing to do with the disputes in land bearing Sy. No.
    46/4. The notice was issued also Under Section 64 of the
    B.D.A. Act expressing the intention to initiate appropriate
    legal action against B.D.A. if the possession of the Property
    is interfered with. 2nd defendant received the notice. The
    Plaintiff has been in actual physical possession and
    enjoyment of the schedule property ever since the date of
    purchase. The defendants or any body claiming under them,
    has no manner of right, title or interest, in or over the
    schedule property or to dispossess the plaintiff or in any
    manner interfere with the possession and enjoyment of the
    schedule property by the plaintiff. Inspite the receipt of
    notice issued by the plaintiff, the defendant’s men appeared
    in the month of August 2006 and attempted to encroach
    upon the Schedule property and dispossess the plaintiff and
    11 OS No. 16649/2006

    to put up construction. However the plaintiff with great
    difficulty prevented the illegal and high handed attempt of
    the defendant. But the plaintiff strongly believe that the
    defendant would put the threat of dispossession into
    practice and put up construction on the suit schedule land,
    if the defendant is not legally prevented from doing so. In
    such an event, the plaintiff would be dispossessed by
    defendant or its agents will put up construction on the
    schedule Land. Hence the plaintiff is constrained to
    approach this Court for appropriate relief of injunction.
    The plaintiff is the lawful owner and in actual physical
    possession and enjoyment of the suit schedule property ever
    since the date of purchase. Due to act of the defendants
    cause of action arose on 25.08.2006. The suit is properly
    valued and court fee paid, is sufficient. Hence, the plaintiff
    sought for decreed the suit.

    3. In the rejoinder, the plaintiff contended, what
    has been averred in the counter claim are denied as
    incorrect. The plaintiff in the present suit has not
    questioned the allotment of property in Sy.No. 45 & 46/4 of
    Byransandra Village in the BTM Scheme, measuring I acre
    12 OS No. 16649/2006

    20 guntas infavour of defendant No.1. Hence the contention
    that, the allotment has been upheld by Hon’ble Supreme
    Court of India has no relevance. The plaintiff is the absolute
    owner in actual physical possession and enjoyment of the
    suit schedule property, which is part of Sy.No. 47 and it is
    not the case of the defendant that, the land allotted to the
    defendant is in Sy.No. 47. As admitted by the defendant the
    land allotted is in Sy.No. 45 & 46/4 and their claim in
    respect of the suit schedule property is without any basis,
    right or authority. Similar unsuccessful claims were made by
    the defendant against the owners of the lands situated on
    the southern and western side of the land of the defendant.
    The defendant No.1 is not the true owner of the suit
    schedule property and they have no manner of Right, Title
    or interest over the same. The plaintiff has encroached upon
    the property belonging to the defendant and has unjustly
    claimed that, the same is situated in Sy.No. 47, Byrasandra
    Village, by fabricating and falsifying documents are far from
    truth. The suit is not bad for non-joinder of necessary
    parties and to the knowledge and belief of this plaintiff the
    suit is instituted against necessary and proper parties. The
    13 OS No. 16649/2006

    plaintiff states, the contentions raised in para 6 to 12 are in
    respect of the lands in Sy.No. 45 and 46/4 and not in
    respect of the suit schedule property or in respect of any
    extent of lands in Sy.No. 47 of Byrasandra Village over
    which the 1ª defendant has no manner of Right, Title,
    interest or claim. The plaintiff’s claim and the institution of
    the present suit is in respect of the suit schedule property,
    which is in old Sy.No. 47. As admitted by the defendants,
    at para 6 of the written statement, the compound wall was
    fully erected around the land which was allotted to the
    defendant No.1, which is in their actual possession and
    enjoyment. Hence the contention that, the compound wall
    was not fully completed and the 1st defendant was not in a
    position to ascertain the exact extent of land it was
    physically in possession is far from truth and made with a
    view to misguide this Court. The boundary wall has been
    erected on the entire extent of 1 acre 20 guntas of land,
    which is allotted to the 1st defendant on southern side in
    Sy.No. 45 and 46/4 and the property belonging to the 1 st
    defendant is identified with the boundary wall erected by
    the 1st defendant on the southern side. Hence the question
    14 OS No. 16649/2006

    of encroachment by the plaintiff upon any portion of 1st
    defendant’s land on southern side as contented by the 1 st
    defendant, does not arise at all. The land in Sy.No. 47 was
    renumbered after the land was taken over by Bangalore City
    Corporation and new Katha No. 47, was assigned to the
    said land. Hence the suit schedule property is identified as
    Katha No.47 and not as Sy.No. 47, which is reflected all
    records maintained by the Bangalore City Corporation,
    which is now called BBMP. The plaintiff has not suppressed
    any material facts and the suit is not filed with malafide
    intention, but to prevent the high handed and illegal
    attempt of the defendant to dispossess the plaintiff from the
    suit schedule property. The plaintiff has not claimed any
    Right, Title or Interest over the Written statement schedule
    property and the plaintiff reiterates that written statement
    schedule property and the suit schedule property are
    entirely different and not the same property. The further
    averments in the same paragraphs are nothing but repetition
    of the averments made in the forgoing paragraphs.
    REGARDING THE COUNTER CLAIM OF 1st DEFENDANT
    AGAINST THE PLAINTIFF, The averments made in para
    15 OS No. 16649/2006

    15(a) are denied as false the defendant is put to strict proof
    of the same. The plaintiff has not encroached upon or is in
    illegal occupation of the written statement schedule
    property. The written statement schedule B property is
    highly imaginary and there is no such property existing.
    Under the guise of claiming right over the written statement
    schedule B property the defendant is making an attempt to
    claim the property of the plaintiff, which is the suit
    schedule property. It is absolutely false that the 2 nd
    defendant conducted Survey of the written statement
    schedule property and by order dated 28-10-2006 the 2 nd
    defendant has ordered for action Under Section 151(1) of
    the Karnataka Municipal Corporation Act and in pursuance
    thereof the 2nd defendant by order dated 16-11-2006 issued
    notice under section 321(III) of Karnataka Municipal
    Corporation Act and Section 33 (2) of the Bangalore
    Development Authority Act to clear this encroachment. In
    this regard it is emphatically stated that, the plaintiff did
    not receive any such notice from the 2nd defendant. The
    only notice received by the plaintiff from the 2nd defendant
    is the notice dated 17-7-2006, which is produced along with
    16 OS No. 16649/2006

    the plaint calling upon the plaintiff to the dispute produce
    documents, with regard Sy.No.46/4. It is hard to understand
    as to how the 2nd defendant an authority created and
    functioning under a special enactment could issue any
    notice under the provisions of Karnataka Municipal
    Corporation Act. Hence the claim of the defendant No. lis
    highly illegal. Regarding para 15(b): The averments made
    therein are repetition of several averments made in the
    forgoing paragraphs. However without prejudice the plaintiff
    deny all the averments made in para 15(b) as incorrect and
    the defendant No. 1 is put to strict proof of the same. The
    sale deeds under which the plaintiff acquired Right, title
    and interest are not obtained by fraud as alleged by the
    defendant No.1. The sale deeds are legally executed and
    enforceable and binding on the defendant No.1. The counter
    claim of the defendant No.1 in respect of written statement
    schedule B property is highly illegal and no such relief can
    be granted to the defendant No.1 as there is no cause of
    action. The counter claim is highly imaginary and without
    any basis. There is no such property as described in Written
    Statement Schedule B. Therefore, the plaintiff prays to
    17 OS No. 16649/2006

    reject the counter claim of defendant No.1 and allow the
    suit as prayed for by the plaintiff.

    4. In against the suit summons, both the defendants
    have appeared through their choiced advocate. Defendant
    No.1 has chosen to filed their written statement. Wherein
    the written statement defendant No.1 contended, the
    Plaintiff has filed the above suit for grant of an order of
    permanent injunction restraining the Defendants from the
    interfering with Plaintiff’s alleged peaceful possession and
    enjoyment of the plaint Schedule Property and for other
    reliefs. The suit is an abuse of the process of this Court,
    untenable, misconceived and mischievous and is liable to be
    dismissed in limine, on the following amongst other
    grounds: (a) The suit is only to harass this Defendant and
    attempt to usurp valuable property: (b) Plaintiff has
    suppressed material facts from this Court, has concocted
    documents and has attempting to mislead the Court. She is,
    therefore, disentitled to seek any equitable and/or
    discretionary relief/s at the hands of this Court: (c) The
    allotment of property in Survey Nos.45 & 46/4 of
    Byrasandra Village in the B.T.M. Scheme measuring 1 acre
    18 OS No. 16649/2006

    20 guntas in favour of this Defendant has been upheld by
    the Hon’ble Supreme Court of India in Civil Appeal
    No.4593/1999 and this Defendant is its absolute owner in
    possession thereof: (d) No order as sought can be granted
    against the true owner of land, especially in the absence of
    any declaratory relief: (e) The Plaintiff has encroached upon
    the property belonging to this Defendant and has unjustly
    claimed that the same is situated in Survey No.47 of
    Byrasandra village by fabricating and falsifying documents
    along with her alleged vendor Sri S.A. Laxman and others:

    (e) The suit is bad for non-joinder of necessary parties and
    is liable to be dismissed for this reason alone. Without
    prejudice to the aforementioned preliminary objections and
    since the Plaintiff has not placed true and correct facts of
    the matter before Court, this Defendant states as follows:

    1st Defendant is a company incorporated under the
    provisions of the Companies Act, 1913. It is engaged in the
    business of printing, publishing and distribution of leading
    newspapers and magazines viz.. Deccan Herald, Prajavani,
    Mayura and Sudha. This Defendant being interested in
    acquiring a suitable plot/site for putting up a new facility
    19 OS No. 16649/2006

    for its industry made an application dated 04.08.1983 to
    BDA (2 Defendant herein). The BDA by its resolution dated
    28.09.1984 allotted a plot measuring 1 acre and 20 guntas
    of land comprised in survey Nos. 45 and 46/4, Byrasandra
    Village. The said portion of land was part of a
    comprehensive acquisition that was undertaken by the
    erstwhile City Improvement Trust Board (now the BDA),
    way back during 1977. The erstwhile CITB had formulated a
    scheme known as Byrasandra-Tavarekere-Madivala Scheme
    (in short “the BTM Scheme”) and the same were approved
    by the Government. A total extent of 1,703 acres was
    acquired by the BDA for implementing the BTM Scheme. A
    preliminary notification dated 19.09.1977 was issued and
    the same was published in the Gazette dated 29.09.1977 in
    respect of acquisition of the aforesaid extent of land.

    Thereafter vide final notification dated 07.02.1978
    (published in the Official Gazette dated 09.03.1978)
    Government of Karnataka notified the lands specified therein
    for acquisition. Lands bearing Survey No.45 and 46/4,
    Byrasandra Village, Uttarahalli Hobli. Bangalore South
    Taluk, each measuring 13 guntas and 1 acre and 34 guntas
    20 OS No. 16649/2006

    were two of the items notified for acquisition by the
    Government. Sriyuths S.R. Hanumappa. S.R. Venkatappa &
    Smt. Bhadramma were the owners and were shown as the
    khatedars of the properties bearing Nos. 45 & 46/4,
    Byrasandra Village. They had lodged their claim before the
    Land Acquisition Officer and awards in that connection were
    passed. The award relating to Survey No.45 was made in
    LAC No. 51/78-79 on 14.05.1982 and relating to Survey
    No.46/4 (the Schedule Property herein) was made in LAC
    No. 55/78-79 on 26.05.1982. Thereafter, the Land
    Acquisition Officer took possession of Survey No.45 on
    27.05.1982 and of Survey No.46/4 on 02.06.1982 under two
    Mahazars and the said property came to be vested totally in
    the State Government. Subsequently, the lands were
    transferred to BDA in accordance with Section 36 of the
    Bangalore Development Authority Act, 1976 (“the Act”). It is
    pertinent to mention the BTM Scheme involved forming of
    industrial as well as residential layouts towards development
    of the Bangalore Urban District. After laying out the
    industrial layout, the BDA vide resolution dated 28.09.1984
    allotted a plot/site measuring 1 acre and 20 guntas of land
    21 OS No. 16649/2006

    comprised in Survey Nos. 45 and 46/4 to this Defendant.
    The said plot/site is morefully described in the Schedule
    written hereunder and hereinafter referred to as “the
    Written Statement Schedule Property” 1 st Defendant was
    required to pay a sum of Rs.1.87,500/- for the plot/site so
    allotted, which was paid on 31.01.1985. Pursuant thereto,
    the BDA executed a registered sale deed dated 19.06.1985
    in favour of 1st Defendant and conveyed all right, title and
    interest in respect thereof to Second Defendant. Vacant
    possession of said plot/site was delivered to 2nd Defendant
    on 21.06.1985 which was confirmed by letter dated
    22.06.1985 issued by the BDA. A possession certificate dated
    17.07.1985 was also issued by the BDA. Since then 1
    Defendant is in actual possession and enjoyment of the said
    plot/site and has also put up a compound wall, a shed,
    name board and maintains security guards therein. At the
    time when the compound wall was being put up and 1st
    Defendant was making arrangements to put up construction
    of its printing facility, several persons initiated needless and
    frivolous litigation against this Defendant and sought to
    impede this Defendant from enjoying the written statement
    22 OS No. 16649/2006

    Schedule Property. One S.A. Krishnappa from whose family
    the Plaintiff claims title to the plaint schedule property,
    filed a suit in O.S. No. 10470/1985 before the City Civil
    Court, Mayo Hall, Bangalore for grant of permanent
    injunction against 2nd Defendant in respect of the written
    statement schedule property. The said suit after contest was
    dismissed by this Hon’ble Court on 10.07.1989. The said
    S.A. Krishnappa had also challenged the acquisition of the
    aforesaid properties in W.P. No. 3638/1987 in the High
    Court of Karnataka on the ground that he was in possession
    thereof as a tenant and he was notified of the acquisition as
    such. The writ petition came to be dismissed on 20.03.1987.
    After failing in his previous two attempts to thwart and
    defeat the rights of 2nd Defendant, the said S.A. Krishnappa
    filed yet another suit in O.S. No.1251/1989 before this
    Hon’ble Court seeking a declaration that the acquisition
    proceedings in respect of the aforesaid properties and
    notification thereunder are null and void and also sought
    for a permanent injunction against this Defendant from
    interfering with his alleged possession and enjoyment of the
    written statement schedule property. After considering the
    23 OS No. 16649/2006

    interlocutory application, this Court dismissed the same by
    its order dated 20.09.1989. S.A. Krishnappa challenged the
    said order before the High Court in MFA No. 159/1990. The
    High Court after hearing dismissed the Miscellaneous First
    Appeal by its order dated 19.11.1990. In the meanwhile,
    one M. Ibrahim, who was set up by the said S.A.
    Krishnappa filed a suit in O.S. No.2496/1985 before this
    Court seeking a declaration that the acquisition proceedings
    in respect of properties bearing Nos. 21. 45, 46 and 47 of
    Byrasandra Village has lapsed and for grant of a permanent
    injunction against this Defendant and others from putting up
    any construction thereon. The interlocutory application filed
    by him was dismissed by this Court on 01.01.1988. The
    appeal before the Hon’ble High Court in MFA No. 440/1988
    against the said order was dismissed on 14.03.1988.
    Thereafter, the suit itself was dismissed for default on
    19.11.1991 and the same has attained finality. A writ
    petition in W.P. No. 16360/1988 was filed before the High
    Court of Karnataka by one M.A. Rasheed, in the guise of a
    public interest petition seeking to quash the acquisition
    proceedings and the sale deed dated 19.06.1985 executed by
    24 OS No. 16649/2006

    2nd Defendant in favour of 1 Defendant and for other
    reliefs. After contest the writ petition was allowed and the
    allotment in favour of 1st Defendant was quashed by order
    dated 24.25,29/01.1996. 1 Defendant, which was the 3rd
    Respondent in the said writ petition challenged the order of
    the Single Judge in an appeal in W.A. No. 1280/1996. The
    appeal was dismissed by order dated 05.03.1998 of High
    Court of Karnataka. 1 Defendant then carried the matter to
    Supreme Court of India in SLP (C) No.15822/1998 later
    numbered as Civil Appeal No. 4593/99. After hearing the
    Hon’ble Supreme Court allowed the said Civil Appeal by its
    order dated 05.04.2004 and has inter alia held that the
    allotment in favour of this Defendant is valid and proper.
    This Defendant having succeeded in the appeal before the
    Hon’ble Supreme Court being satisfied that all the litigation
    in respect of the written statement schedule property has
    attained quietus, thereafter approached the BDA and the
    relevant authorities for grant of khatha and for payment of
    property taxes. To the shock and surprise of this Defendant
    it was informed that one Sri S.A. Laxman, brother of the
    aforesaid S.A. Krishnappa had filed a suit in O.S.
    25 OS No. 16649/2006

    No.4346/1999 before this Hon’ble Court. Upon verification
    of the records in the said suit, it was seen that the said
    S.A. Laxman had manoeuvred the proceedings therein in
    such a manner that he had obtained an order directing
    parties to maintain status quo, without issue of notice and
    suit summons to this Defendant way back in 1999. It was
    only in 2004 after the order of the Hon’ble Supreme Court
    that this Defendant got information of the said suit. This
    Defendant has entered appearance in the said suit and after
    hearing the interim order granted has been vacated. Not
    being satisfied with initiating frivolous suits and litigation to
    usurp valuable property from this Defendant, the said S.A.
    Laxman filed another suit in O.S. No.6378/2004 against this
    Defendant and others and sought for an interim order to
    restrain the concerned authority from granting khatha to
    this Defendant. No interim order was passed. In both the
    aforesaid suits, this Defendant has filed applications
    rejection of plaints and they are pending consideration. In
    the meanwhile this Defendant has obtained khatha and has
    paid all the outstanding tax dues in respect of the written
    statement schedule properties. In view of the several
    26 OS No. 16649/2006

    litigations that were pending, the compound wall around
    the written statement schedule properties was not fully
    completed and this Defendant was not in a position to
    ascertain the exact extent of land it was physically in
    possession of. The persons, above named, viz., S.A.
    Krishnappa, S.A. Laxman and others who owned property in
    the surrounding areas of the written statement schedule
    property were bent upon defeating the rights of this
    Defendant and caused several encroachments and damage to
    the same. The said persons and their heirs are colluding
    with the Plaintiff herein to make unlawful gain at the
    expense of this Defendant. The claim of the Plaintiff that
    her alleged property is situate in Survey No.47 of
    Byrasandra village is wholly preposterous in as much as
    there is no property numbered as Survey No.47 in that
    entire area. The Plaintiff with the help of the said S.A.
    Laxman and others have conspired and encroached upon the
    written statement schedule property towards the southern
    boundary. They have concocted documents to suit their
    needs and usurp valuable property. This Defendant along
    with the Officials of 2nd Defendant have got the written
    27 OS No. 16649/2006

    statement schedule property measured and it was found that
    the Plaintiff had encroached upon the same. In view thereof
    2nd Defendant has issued notices to the Plaintiff to vacate
    and clear the encroachment. The Plaintiff is infact squatting
    on property belonging to this Defendant which is situated in
    Survey Nos. 45 and 46/4 of Byrasandra village. It is wholly
    false that the Plaintiff is the owner and in possession of the
    plaint schedule properties in Survey No.47 of Byrasandra
    village. This Defendant has got the written statement
    schedule property surveyed under the supervision of the 2nd
    Defendant, which clearly indicates that there is no property
    numbered as Survey No.47 in the area at all. The Plaintiff
    has misled this Court. The Plaintiff has caused an illegal
    encroachment in this Defendant’s property and 2nd
    Defendant has rightly taken appropriate steps in law to
    evict her therefrom. The Plaintiff has not come with clean
    hands before this Court and has therefore disentitled herself
    from the grant of any equitable or other relief at the hands
    of this Court. The suit is wholly frivolous a sham litigation
    which ought to be dismissed at the thresh-hold itself. The
    present suit is filed by Plaintiff with a malafide intention,
    28 OS No. 16649/2006

    suppressing all that has happened which has been
    extensively stated above by misleading the Court and to
    knock off valuable property dubiously. The Plaintiff has no
    right, title or interest in the written statement schedule
    property as the same has been acquired long time ago and
    the challenge to the predecessor in title as claimed by
    Plaintiff has failed. Further the allotment of the written
    statement schedule property to this Defendant has been
    upheld by the Supreme Court. This Defendant has been
    validly allotted the plot measuring 1 acre 20 guntas
    comprised in properties bearing survey Nos. 45 and 46/4.
    1st Defendant is in possession of the said plot/site since
    21.06.1985. The plot/site is one composite piece of property
    carved out of two properties which earlier bore survey Nos.
    45 and 46/4. The Plaintiff has no manner of right, title or
    interest therein. The suit is frivolous and deserves to be
    dismissed with exemplary costs.

    5. In against the plaintiff claim, defendant No.1 has
    filed the counter claim. In the counter claim 1 st defendant
    has denied the all the pleadings put forth by the plaintiff at
    through his plaint in all para denied as false and story of
    29 OS No. 16649/2006

    concocted. Further, 1st defendant have contended, the
    Plaintiff is in illegal possession of a portion of the Written
    Schedule property measuring about 7986 Sq. feet towards
    the southern boundary of the said Property. The portion of
    the Written Statement Schedule property which is in illegal
    occupation of the Plaintiff is morefully described in the
    Schedule B written hereunder and is hereinafter referred to
    as “Written Statement Schedule ‘B’ Property”. This fact came
    to light when 2nd Defendant conducted the survey of the
    Written Schedule Property and 2nd Defendant has made a
    report in this regard. By order dated 28.10.2006, 2nd
    Defendant has ordered for an action to be initiated under
    Section 165(1) of the Karnataka Municipal Corporation Act
    and in pursuance thereof 2nd Defendant by order dated
    15.11.2006. has issued notice under Section 321(3) of
    Karnataka Municipal Corporation Act and Section 33(2) of
    the Bangalore Development Authority Act, to clear the said
    encroachment. The claim of the Plaintiff is highly
    preposterous and cannot be entertained by this Court
    especially having regard to the fact that the entire lands in
    Survey Nos. 45 and 46/4 was acquired by the State
    30 OS No. 16649/2006

    Government along with several other properties for the
    purpose of BTM Scheme formulated by 2 nd Defendant. The
    Plaintiff is in illegal possession of 1 st Defendant’s property
    claiming to be the owner in possession of property bearing
    Khatha No. 47. Further, the Sale deeds produced by the
    Plaintiff mentions the total extent of land alleged bearing
    Khatha No.47 is 1 acre 20 guntas, which is exactly the
    same extent that is allotted to 1 st Defendant by 2nd
    Defendant. Thus, there cannot be any doubt that the
    property which the Plaintiff is claiming is actually the one
    belonging to 1st Defendant. The Plaintiff is bound by the
    acquisition of lands by 2 nd Defendant, which since then has
    become final. As narrated above, the alleged predecessors in
    title of the Plaintiff have remained unsuccessful thus far in
    all the frivolous proceedings initiated by them. Since the
    predecessor in title or Vendor of the Plaintiff did not have
    any title or possession over the properties no valid title or
    possession could have passed to the Plaintiff. The Plaintiff is
    not the owner of the Written Statement Schedule ‘B’
    Property and is also not entitled to its possession in view of
    what is narrated above. The Sale Deeds have been gotten
    31 OS No. 16649/2006

    up by fraud and misrepresentation and are not binding on
    this Defendant. Therefore, it has become necessary for 1 st
    Defendant to seek for a declaration of its title to the
    Written Schedule ‘B’ Property and consequently for
    possession of the same. Therefore, 1st defendant prays to
    declare 1st defendant is the absolute owner of the written
    statement schedule ‘B’ property and consequently direct the
    plaintiff to quit and deliver vacant possession of the written
    statement ‘B’ property to 1 st defendant. On these grounds
    the defendant prayed for dismissal of the suit with
    exemplary costs.

    6. Defendant No.2 have appeared and chosen to
    filed written statement. Wherein the Written Statement
    Defendant No.2 contended, the Government of Karnataka
    has acquired the land bearing sy. No.45 and 46/4 in the
    year 1977-1978 itself. The sy. No.45 and 46/4 of Byrasandra
    village measuring 13 guntas and 1 acre 34 guntas,
    respectively situated at Uttarahalli Hobli, Bangalore south
    taluk. It is after the acquisition, after award was passed and
    took the possession of the property in the year 1982 itself.
    Subsequently the said properties were transferred to this
    32 OS No. 16649/2006

    defendant by the Government. In the year 1985 this
    defendant allotted the site measuring East to West: 270 feet
    and North to south: 255 + 231 totally measuring 1 acre 20
    guntas formed in sy. No. 45 and 46/4 to the first defendant.
    From the date of allotment the first defendant is in
    possession and enjoyment of the land bearing sy. No.45 and
    46/4 of Byrasandra village in BTM scheme to an extent of 1
    acre 20 guntas. The plaintiff has not produced not an even
    an iota of document to show tatox the identity of the
    schedule property and further that the plaintiff has failed to
    mention or disclose the fact that in which survey No. the
    alleged suit schedule property is situated or fallen. even as
    per the averments made by the plaintiff at para-10 of the
    plaint that, the alleged suit schedule property is not fallen
    in sy. No.46/4. In fact, this defendant is demolishing the
    constructions made by any public by encroaching the BDA
    land in accordance with law and taking possession of the
    same. the plaintiff has filed the present suit by suppressing
    the material facts to grab the valuable property, by creating
    and fabricating false documents. documents. All other
    allega-tions and contentions which are taken by the plaintiff
    33 OS No. 16649/2006

    which are not specifically denied by this defendant are
    hereby denied as false. Hence, 2 nd defendant prays for
    dismissal of the plaintiff’s suit.

    7. On the basis of the above pleadings, my
    predecessor in office has framed the issues in below:-

    1. Whether the plaintiff proves that she is in
    lawful possession and enjoyment of the
    suit schedule property?

    2. Whether the plaintiff proves the alleged
    obstructions from the defendants?

    3. Whether there is no cause of action for
    the suit as contended by defendant No.1?

    4. Whether the plaintiff is entitled for the
    relief sought for?

    5. What order or decree?

    8. Further my predecessor in office have also framed
    the Addl. Issues in below on 05.12.2008 viz.,

    1. Whether the 1st defendant proves, that it
    is the absolute owner of the Written
    Statement ‘B’ schedule property?

    2. Whether the 1st defendant is entitled for
    vacant possession of Written Statement
    34 OS No. 16649/2006

    “B’ schedule property from the Plaintiff
    as sought for?

    3. Whether there is a cause of action foot
    the counter claim of defendant No.1?

    9. To prove the plaintiff’s case, husband of the
    plaintiff Sri. Shakeel Pasha examined himself as P.W.1 and
    he got marked Ex.P1 to Ex.P20 documents. On the other
    hand, K.N. Tilk Kumar, Joint Managing director of 1 st
    defendant examined as DW1 and he got marked Ex.D1 to
    Ex.D51 and Ex.D55 document. 1 st Defendant have chosen
    to examined one of the private surveyor by name one
    Kumar B.N. as DW3 and he identified the document Ex.D7,
    Ex.D9, Ex.D28 to Ex.D32 and he got marked Ex.D56 to
    Ex.D56(a). On behalf of the 2nd Defendant BDA, one M.S.
    Jagadish, Sheristedar examined himself as DW2 and he got
    marked Ex.D52 to Ex.D54. Further, 2nd Defendant BDA have
    also examined one of his Assistant Engineer by name
    N.Krishna Kumar as DW4.

    10. Heard the argument on both the sides. Perused
    the records. Counsel for the plaintiff filed the written
    argument. Counsel for the 1st Defendant filed written
    35 OS No. 16649/2006

    submission along with citations; 1.Anathula Sudhakar vs P. Buchi
    Reddy
    (since dead) now by his LR’s (2008) 4 SCC 594 2. Maria
    Margarida Sequeira Fernandes v Erasmo Jack De Sequeira (Dead)
    Through LR
    ‘s – (2012) 5 SCC 370 3.Padhiyar Prahladji Chenaji
    (Deceased) Through LR’s v Maniben Jagmalbhai (Deceased) Through
    LR
    ‘s (2022) 12 SCC 128 4.K.V. Narayan v Sharana Gowda – ILR 1986
    KAR 1130 5.Gurubhachan Singh v Bhag Singh – AIR 1996 SC 1087

    11. My findings on the above issues are as under:-

             Issue No.1     : In the Negative
                 Issue No.2    : In the Negative
                 Issue No.3     : In the Negative
                 Issue No.4     : As per final order for the
    following:
    
    

    12. Further, my findings on the Addl. Issues are as
    under:

                 Addl. issue No.1        : In the Affirmative
                 Addl. issue No.2        : In the Affirmative
                 Addl. issue No.3        : In the Affirmative
    
                               :R E A S O N S:
    
    

    13. Issue No.1 to 4 and Addl. Issue No.1 to 3 :- Issue
    No.1 to 4 and Addl. Issue No.1 to 3 over lapped with each
    other. To avoid repetition of facts and evidence in the
    36 OS No. 16649/2006

    discussion issue No.1 to 4 and Addl. Issue No.1 to 3 have
    taken in together conjointly for the common discussion.

    14. As could be seen from deposition of PW1, and
    if summarized the deposition of PW1 its all the case of
    Plaintiff is, property bearing No.2/2 and 2/4 bearing khatha
    No.47 of Byrasandra Village, Uttrahalli Hobli was originally
    belonged the joint family property of Krishnappa, S.A.
    Lakshmana and S.A Ananthappa. The same property
    derived to Krishnappa, S.A. Lakshmana and S.A
    Ananthappa under a memorandum of partition deed dated
    14.07.1999. Krishnappa was died. Legal representatives of
    Krishnappa and S.A. Lakshmana and S.A Ananthappa
    executed the Ex.P2 and Ex.P3 sale deed to the Plaintiff
    Nasreena Shakel. Based on Ex.P2 and Ex.P3 sale deed the
    Plaintiff got khatha of suit property in her name as per
    Ex.P17 and Ex.P18 Khatha certificate and she paid tax
    regularly to the consent authorities as per Ex.P11 to Ex.P16.
    Tax paid receipt. Ex.P2 and Ex.P3 sale deed effectness
    could also reflected at Ex.P4 to Ex.P7 encumbrance
    certificate. Further, the Plaintiff being owner in possession
    of suit schedule property and wherein she running the
    37 OS No. 16649/2006

    Seema Marbles and Granites. The BDA issued a tax demand
    notice U/s 143 of KMC Act to the Plaintiff as per Ex.P19
    and Ex.P20. Hence, according to the Plaintiff, the Plaintiff
    have been in the possession of suit schedule property as on
    the date of filing of the suit. In despite the Plaintiff be the
    lawful owner in possession of suit schedule property and the
    Defendant have no manner of right, title and much less
    possession, Defendants are all make an hectic effort to
    dispossess the Plaintiff from the suit schedule property and
    attempt to encroached the suit schedule property. But, in
    the cross examination from the mouth of PW1, Defendants
    it elicited some important and relevant fact same herein
    extracted.

    ” Khata no 47 was allotted to the
    property long back. It was allotted by the
    corporation. I have produced the Document
    to this effect, after going through the
    document produced by me I state that,
    Ex.P19 and 20 are the documents in this
    regards. It is not true to suggest khatha
    Number is mentioned in Ex.P19 and 20.
    According to me khatha and survey number
    are one and the same. I have produced the
    document to show the existence of Sy.No47
    of Byrasandra Village. The extent of khatha
    38 OS No. 16649/2006

    No.47 is 1 acre 20 guntas”. Further, it also
    elicited ” according to me said property
    was originally acquired by S.A. Krishnappa
    in 1971. I do not know how he acquired
    the said property. I have heard that he has
    acquired the said property from his father-in-
    law. I have not produced any document to
    show title of Krishnappa and his family
    members over the suit schedule property”.

    Also elicited “We have taken search of title
    of property before purchasing the same. We
    have verified MOU of 1994, EC and other
    documents”. ” Further is also elicited It is
    not true to suggested that sale deed Ex.P2
    and Ex.P3 are executed in respect of non
    existence property. It also elicited ” the suit
    schedule property is not acquired by BDA.

    The BDA has issued an endorsement to this
    effect and I have produced the same”.

    15. In its contrary it could also be seen from the
    deposition of DW1 and if summarized the case of
    Defendant No.1, according to Defendant No.1, Defendant
    No.2 acquired to an extent of 13 guntas and land bearing
    Sy.No.46/6 to an extent of 1 acre 27 guntas and out of
    total extent of 2 acre 0.07 guntas, Defendant No.2 allotted
    to an extent of 1 acre 20 guntas to the Defendant No.1 and
    the same property described by Defendant No.1 as A and B
    39 OS No. 16649/2006

    Written Statement schedule property. Further, according to
    Defendant No.1 in despite A and B written statement
    schedule property allotted to Defendant No.1, the Plaintiff
    illegally encroached B Written Statement schedule
    property. Hence, Defendant No.1 prays for declaration of his
    right, title over A and B Written Statement schedule
    property and recovery of possession of the B Written
    Statement schedule property. To substantiated the case of
    Defendant No.1, DW1 got marked Ex.D1 and Ex.D2
    preliminary notification dated 19.09.1977 in pertains to
    Ex.D3 and Ex.D4 is the final notification in pertains to
    land bearing Sy.NO.45 and land bearing Sy.No.46/4. From
    Ex.D1 to Ex.D4 document, it evidence land bearing
    Sy.NO.45 is having total extent of 0.13 guntas and land
    bearing Sy.No.46/4 is having total extent of 1 acre 34
    guntas acquired by the State Government of Karnataka.
    Ex.D6 letter wrote by the BDA to 1 st Defendant, where
    under the letter 2nd Defendant demanded cost of
    Rs.1,87,500/- with respect to the land allotted to 1 st
    Defendant. Ex.D8 is the sale deed. Under Ex.D8 sale deed
    2nd Defendant BDA executed the sale deed to the site
    40 OS No. 16649/2006

    allotted to 1st Defendant. Where under Ex.D8 sale deed it
    finds the evidence to an extent of 1 acre 20 guntas land
    have been allotted to 1st Defendant said to be carved out in
    land bearing Sy.No.45 and Sy.No.46/4. Ex.D9 possession
    letter, Ex.D9 document issued by 2 nd Defendant BDA to 1st
    Defendant by handing over the possession of land to an
    extent of 1 acre 20 guntas. Ex.D10 Sketch prepared by 2 nd
    Defendant BDA with respect to Written Statement schedule
    A and B property. Ex.D11 and Ex.D12 award copies. Ex.D13
    and Ex.D14 mahazar in pertains to land bearing Sy.No.45
    and 46/4. Ex.D15 possession certificate. Ex.D16 and Ex.D17
    extracts of land accusation register said to maintained by 2 nd
    Defendant BDA. Ex.D18 Gazatte notification. Ex.D19
    Judgment of the Hon’ble Supreme court in against the WA
    No1280/1996.Ex.D20 order on application filed U/o 39 rule
    1 and 2 CPC filed in the suit in OS No.4346/1999. Ex.D21
    order passed in MFA No.1373/2005. Ex.D22 to Ex.D25 tax
    paid receipt. Ex.D23, Ex.D25 acknowledgment issued by the
    BBMP. Ex.D26 and Ex.D27 Akara Bandh Register extract in
    pertains to land bearing Sy.No.47. Ex.D28 and Ex.D29
    Tippni copies in pertains to Sy.No.45-46/4. Ex.D30 and
    41 OS No. 16649/2006

    Ex.D31 is Atlas copy in pertains to land bearing Sy
    No.47/5. Ex.D32 Tippni copies in pertains to land bearing
    Sy.No.46/1 to 8. Ex.D34 to Ex.D38 photographs. Ex.D38(a)
    Negatives. Ex.D39 plaint filed in a suit OS No.10470/1985.
    Where under Ex.D39 it evidence vendor of the Plaintiff by
    name Krishanappa have the suit for permanent injunction
    in pertains to land bearing Sy.No.46/4 and 47. Ex.D40
    Written Statement filed by the 1st Defendant in OS
    No.10470/1985. Ex.D41 is the judgment passed in OS
    No.10470/1985. Ex.D46 is the order passed in WP
    No.16360/1988. Ex.D47 is the order passed in WA
    No.1280/1996. Ex.D48 and 49 encumbrance certificate.
    Ex.D50 is the Khata certificate. Ex.D51 is the Khatha
    extract. Hence, according to Defendant No.1, Defendant
    No.1 is the absolute owner in possession of Written
    Statement A and B schedule property. In the cross
    examination the Plaintiff himself suggested that;

    ” in 1985 BDA allotted sit
    to me in Sy.No.45 and
    46/4 it is in Byrasandra
    Village. The single plot
    number is given in
    Sy.No.45 and 46/4″. It
    42 OS No. 16649/2006

    also suggested that ” It
    is true to suggested that 13
    guntas and 1 acre 7 guntas
    are clubbed together and
    made in one plot” .

    16. Further to substantiated the case of Defendant
    No.1, Defendant No.1 also examined one more witness by
    name Kumar B.N., who said to be the Surveyor as DW3. As
    could be seen from deposition of DW3, DW3 being one of
    the surveyor, Defendant NO.1 engaged the DW3 to carry
    out survey of the property bearing Sy. No. 45 and 46/4 of
    Byrasandra village. On being engaged to conduct survey to
    the land bearing Sy.No.45 and 46/4 of Byrasandra Village,
    DW3 examined the boundaries of Sy.No.45 and 46/4 as
    seen from the village map and atlas copy and he marked
    the location of land bearing Sy.No.45 and 46/4 in the
    Village Map. The extent of land bearing Sy.No.45 is 13
    guntas and 46/4 is 1 acre 34 guntas. On consideration of
    the above documents DW3 stated M/s Seema Granites is in
    the occupation of the portion of land allotted to 1 st
    Defendant in the Sy.No.45 and 46/4, the same depicted in
    the typographical survey sketch prepared by him. Further
    43 OS No. 16649/2006

    according to deposition of DW3, M/s Seema Granites is
    occupied to an extent of 0.84 guntas or about 913 sq.ft.

    17. Further, Defendant No.2 examined one of his
    staff by name M.S. Jagdeesh, Sheristedar as DW2. As could
    be seen from the deposition of DW2 is, land bearing
    Sy.No.45 to an extent of 13 guntas and in Sy.No. 46/4 to
    an extent of 1 acre 34 guntas have been acquired by the
    Government and in the year of 1985 it allotted site
    measuring East to West 270 ft. and North to South 255 +
    231/2 totally measuring 1 care 20 guntas. Further it could
    also seen from the deposition of DW2, since land bearing
    Sy.No.47 of Byrasandra Village is one of the dry land, 2 nd
    Defendant acquired to an extent of 2 acre 29 guntas and
    it leaved from the accusation 19 guntas in the said land.
    Further, it could also be seen from the deposition of DW2,
    as per the notification name of S.R. Venkatappa, S.R.
    Hanumappa, S.R Chikka Venkatappa, S.R. Krishnappa as the
    Khatedhar/ Anubavadhars in respect of land bearing
    Sy.No.47. In the cross examination of DW2, the Plaintiff
    himself suggested and he got an answer the same is herein
    44 OS No. 16649/2006

    “It is true that out of 2
    acres 7 guntas in Sy.No.45
    and 46/4 of Byrasandra
    Village we have allotted 1
    acre 20 guntas in favour of
    Defendant No.1. It is true
    that after completion of
    the formalities of
    acquisition, the possession
    of the said land measuring
    1 acre 20 guntas was
    delivered to Defendant
    No.1. It is true that the
    remaining extent of 27
    guntas remained with the
    BDA”.

    18. Defendant No.2 also examined his another one
    staff by name N. Krishnakumar, Assistant Engineer as DW4.
    As could be seen from deposition of DW4, after acquisition
    notifications and also upon passing the award for the
    aforesaid lands, this defendant had taken possession of the
    respective lands in Sy.No.45 and 46/4 of Byrasandra village
    have taken on 27.05.1982 and 02.06.1982 and the same
    have been handed over to the Engineering Section for
    formation of lay-out. The lay-out has been formed in the
    aforesaid lands. After completion acquisition proceedings
    45 OS No. 16649/2006

    this defendant/BDA had allotted a land measuring East to
    West 270 Feet and North to South (255+231)/2, totally 1
    Acre 20 Guntas in Land in Sy.No.45 and 46/4 of Byrasandra
    village to the First Defendant in the above suit under bulk
    allotment scheme and upon allotment, the 1st defendant
    was put in possession of the aforesaid measurement of land
    in Sy.No’s.45 and 46/4 of Byrasandra village. The plaintiff is
    illegally claiming to be the owner of the suit schedule
    property, which is a BDA notified and acquired lands and
    the same was allotted to the First Defendant in the above
    suit under bulk allotment scheme. Hence, the plaintiff has
    no right, title and interest over the suit schedule property,
    which is acquired by this defendant, much less the plaintiff
    has no right to purchase the suit schedule property in the
    year 2000 after acquiring the suit schedule property by this
    defendant authority.

    19. On virtue of the application filed by 1st
    Defendant and also in the light of order of Hon’ble High
    court passed in WP No. 1253/2014 one of the court
    commissioner by name Somashekaraiah H.C City Surveyor
    Bengaluru appointed by the court, as court commissioner.

    46 OS No. 16649/2006

    The same court commissioner examined at before the court
    as CW1. Where from the deposition of CW1 it could be
    seen, cw1 received the commission warrant issued by this
    court and after issuing notice to both sides, CW1 conducted
    the local investigation on 09.12.2022 and CW1 have
    prepared sketch and submitted the same along with my
    report and all other related documents. Now, CW1 saw the
    Commissioners Report along with sketch submitted by me
    and the same are now marked as Ex.C.1 and Ex.C.2. CW1
    have also produced the mahazar prepared at the spot which
    is signed by both the parties and it is now marked as
    Ex.C.3. The annexures to the commissioners report are now
    collectively marked as Ex.C.4. As per the deposition and
    testimonial values of Ex.C1 and Ex.C2 document, the
    property mentioned in the area of sketch A, B, C, D, E, F,
    G, H, I J, A, is the property said to be acquired by 2 nd
    Defendant in land bearing Sy.No.45 to an extent of 13
    guntas and in land bearing Sy.No.46/4 to an extent of 1
    acre 34 guntas. From the deposition of CW1 and
    testimonial values of Ex.C1 and Ex.C2 sketch property
    mentioned in the area B, C,D, E,F, S B is the property
    47 OS No. 16649/2006

    allotted to 1st Defendant to an extent of 1 acre 20 guntas.
    Further, property mentioned in the area M, N, O, L, M of
    Ex.C1 and Ex.C2 sketch is now under the possession of 1 st
    Defendant.

    20. So from the above all material pleadings and
    evidence placed by the parties one thing is evidence, the
    land baring Sy.No.45 to an extent of 0.13 guntas and land
    bearing Sy.No.46/4 to an extent of 1 acre 34 guntas are
    con-jointing to each other and both the survey number
    lands have been acquired by 2 nd Defendant BDA as per
    Ex.D1 to Ex.D4 preliminary and final notification, Ex.D16
    and Ex.D17 extracts of land acquisition registrar maintained
    by 2nd Defendant and Ex.D18 Gazette Notification. Further,
    in against the acquisition of land bearing Sy.No.45 and
    46/4, 2nd Defendant awarded the compensation as per
    Ex.D11 and Ex.D12, 2nd Defendant prepared a two mahazar
    as per Ex.D13 and Ex.D14 and 2 nd Defendant drawn the
    sketch over the property to such an extent of land as per
    Ex.D9 and Ex.D10. Further, 2nd Defendant being acquired
    land in Sy.No.45 and 46/4 and it bifurcated the area to
    an extent of 1 acre 20 guntas and the same extent of area
    48 OS No. 16649/2006

    of the property alienated by 2 nd Defendant to 1st Defendant
    under Ex.D7 sale deed dated 19.06.1985 after issued an
    Ex.D5 Letter, Ex.D6 acknowledgment, Ex.D8 Letter dated
    22.06.1985 and 2nd Defendant delivered possession of
    Written Statement A and B schedule property by issuing
    Ex.D15 possession certificate.

    21. If it assimilated the controversy from the
    pleadings and evidence, it evidence the plaintiff claimed the
    suit schedule property in the land bearing Sy. No.47 and 1 st
    defendant claimed his written statement schedule property
    in the land bearing Sy. No.45 and 46/4 of Byasandra
    village. Into this regard the plaintiff at his re-joinder
    particularly para No.23 it contended the land in Sy.No.47
    was renumbered after the land was taken over by Bengaluru
    City Corporation and new khata number 47 was assigned to
    the said land. Hence the suit schedule property was
    identified as Katha No.47 and not as Sy. No.47, which is
    reflected all records maintained by the Bengaluru City
    Corporation. On the contrary 1st defendant claimed hi
    property as per Ex.D1 to Ex.D4 preliminary and final
    notification, Ex.D5 letter of BDA dated 07.01.1985, Ex.D6
    49 OS No. 16649/2006

    Acknowledgment issued by BDA, Ex.D7 registered sale deed,
    Ex.D11 and Ex.D12 award copies, Ex.D13 and Ex.D14 two
    mahazar copies, Ex.D15 possession certificate, Ex.D16 and
    Ex.D17 land acquisition register extracts. Further, 1 st
    defendant identified his written statement schedule property
    by Ex.D9 and Ex.D10 sketch. Important to note, allotment
    of land to the extent of 0.13 guntas in Sy. No.45, 1.07 in
    land bearing Sy. No.46/4 to 1 st defendant is an undisputed
    and uncontroversial and same have also become an stare
    disicse as per judgment of Hon’ble Supreme Court of India
    as per Ex.D19.

    22. Further, the vendor of the plaintiff,
    S.A.Krishnappa had a suit in OS No. 125/1989 for the relief
    of declaration and validity of acquisition and in the said
    suit I.A. filed under order 39 Rule 1 of CPC, dismissed and
    on it unsuccessful order its MFA Filed in MFA No.159/1990
    also dismissed. One Ibrahim, who was set up by S.A.
    Krishnappa also filed one suit in OS No. 2496/1985 for the
    relief of declaration and challenging the validation of the
    acquisition over the property bearing Sy. No.21, 45, 46 and
    47 of Byrasandra village, the same suit was dismissed on
    50 OS No. 16649/2006

    14.03.1988 and S.A. Lakshman filed the suit in OS No.
    4346/1999 though granted a status quo and it finally
    vacated by the court, rest in the record as undisputed. In to
    that regard, no single question or suggestion called out by
    the plaintiff either to DW1 or DW2 or DW3. So from the
    above material the factum, the plaintiff identified his
    property in Sy. No.47 of Bylasandra village have it been
    further confirmed. Suit of the plaintiff is one for injunction
    simplicitor. The plaintiff claimed the suit schedule property
    under E.xP2 and Ex.P3 sale deed. On the other hand 1 st
    defendant claimed written statement schedule property as
    per Ex.D1 to Ex.D4 Primary and final notification and also
    on the basis of Ex.D7 sale deed and Ex.D15 possession
    certificate. As per 1st and 2nd defendant, after acquisition of
    the land bearing Sy. No.45 and 46/4 by Byrasandra village,
    the permission of the property have already taken in the
    year of 1982 itself as per Ex.D13 and Ex.D14 mahazar.
    Hence, according to 1st and 2nd defendant, suit schedule
    property is not come within the Sy. No.47. True, as per 1 st
    and 2nd defendant, 2nd defendant by drawing Ex.D13 and
    Ex.D14 it take over the possession of land bearing Sy.

    51 OS No. 16649/2006

    No.45 and 46/4 of Byrasandra village and in turn 2 nd
    defendant hand over the possession of land to extent of 1
    acre 20 guntas to 1st defendant. To make confirmation of
    the land to area available in extent of 0.13 guntas and
    1acre 0.37 gunstas in Sy. No.46/4, defendant No.1 marked
    Ex.D26 and Ex.D27 Akarbnadha register and ex.D28 to
    Ex.D32 Tippani Skethes, where in all the documents it
    consistently evidence availability of land to an extent of
    0.13 guntas in Sy. No.45 amd 1.37 guntas in Sy. No.46/4,
    the same also not disputed by the plaintiff and into those
    documents also no cross examination called by the plaintiff.
    Further into the respect of existence and availability of land
    to an extent of 0.13 guntas in Sy. No.45 and 1.37 guntas in
    46/2, no single suggestion also suggested by the plaintiff to
    DW1 or DW2. On the contrary the plaintiff himself asserted
    suit schedule property particularly carved out in the land
    bearing Sy. No.47 of Byrasandra village. Admittedly to
    evidence the thing with respect to availability and existence
    of land bearing Sy. No.47. DW1 himself marked Ex.D25 and
    Ex.D26 aakar Bandha register extract. If it once the plaintiff
    asserted his right and title of suit schedule property in the
    52 OS No. 16649/2006

    land bearing Sy.No.47, as per Ex.P2 and Ex.P3 sale deed,
    the plaintiff ought to traced and identified his property in
    the land bearing Sy.No.47 and not in Sy. No.46/4. On the
    other hand to make identified suit schedule property, such
    of revenue sketch or any document not brought come on
    the record, other than Ex.P2 & Ex.P3 sale deed. The same
    such attempt of the plaintiff, it create some more doubt and
    black cloud on the title of suit schedule property along with
    its identification. Unless, the plaintiff make equalized such
    of the pendulum with respect to his property title as per
    Ex.P2 & Ex.P3 sale deed, the same Ex.P2 & Ex.P3 sale deed
    not carries any of the better title over the suit schedule
    property to the plaintiff. Further, plaintiff until identified
    his title of his property with its definite location derived
    under Ex.P2 & Ex.P3 sale deed, the same will not permitted
    the plaintiff claimed possession of his neighbouring
    property. So from the above material it probablized the
    plaintiff or her vendor have no right, title over the property
    in land bearing Sy. No.46/4. Further, vendor of the plaintiff
    themselves unsuccessful in the attempt in the suit in OS
    No.125/1989, OS No. 2496/1985 OS No.4346/1999, with
    53 OS No. 16649/2006

    respect to the suit schedule property, on that score also it
    make the plaintiff into disentitle the relief as sought in the
    present suit. Since the plaintiff’s vendor themselves defeated
    to succeeded the title in land bearing Sy.No.46/4 and
    vendor of the plaintiff themselves identified their properties
    in wrongful description and location, the claim of the
    plaintiff under this suit would also make them into defeated
    the relief. Further, since the vendor of plaintiff themselves
    not to have any of the right, title in Sy.No.46/4, there from
    also they could also not possible to transferred better title
    of the suit schedule property then what they has. The same
    also supported by the law of Nemo debt, quad-non-habet.

    23. On the contrary defendant Nos.1 & 2 contended,
    1st defendant is in the possession of written statement
    property and with respect to encroachment of ‘B’ schedule
    property. Further, the observation made in supra with
    respect to land bearing Sy.45, 46/4 and 47 make it confirm
    the plaintiff identified his property title, the land bearing
    Sy. No.47 and not either in the land bearing Sy. No.45 nor
    46/4. On the other hand if it go through the testimonies of
    Court Commissioner report and deposition and Ex.C1 and
    54 OS No. 16649/2006

    Ex.C2 sketch, one could possible to saw the material, the
    plaintiff try to identified the title of his property as per
    Ex.P2 and Ex.P3 sale deed in Sy. No.46/4 and not in land
    Sy. No.47. If it evaluated the testimonies of CW1, CW1
    being one of the land surveyor, she contended the survey
    over the written statement schedule property ‘A’ & ‘B’ and
    she submitted the report to the court along with Ex.C1 and
    Ex.C2 sketch. Important to note, in despite the court
    commissioner have been examined at before the court as
    CW1 and marked Ex.C1 & Ex.C2 sketches, the plaintiff have
    not chosen to cross examined the CW1 or to disputed the
    testimonial values of Ex.C1 & Ex.C2 sketches. Despite, if it
    evaluated the testimonial values of Ex.C1 and Ex.C2
    sketches it confirm too specifically mentioned by the CW1,
    the area he described in Ex.C1 sketch as
    A,B,C,D,E,F,G,H,I,J,A to an extent of 0.13 guntas in land in
    Sy. No. 45 and 1.37 guntas in the land Sy. No.46/4 have
    been acquired by 2nd defendant under Ex.D1 to Ex.D4
    gazette notification. Further, Ex.C1 & Ex.C2 sketches it also
    evidence, the area of land available with in the space of
    B.C.D.E.F & B to an extent of 1 acre 20 guntas land over
    55 OS No. 16649/2006

    the possession in to 1st defendant by 2nd defendant. Further
    it also evidence from Ex.C1 and Ex.C2 sketches, the space
    of land available with in sketch area M,N,O, L, M as of
    now 1st defendant is in the possession of property. Further
    from the mouth of CW1, 1st defendant it elicited, the
    relevant is herein extracted;

    It is true to suggest that, the
    entire extent of Sy.No 46/4 was
    acquired by BDA. It is true to
    suggest that, the Plaintiff’s
    property is situated in Sy.No
    46/4. It is true to suggest that,
    as per the sketch – Ex.C.1 the
    property marked as Points ‘B, C,
    D, E, F, S and B’ is the land
    allotted by BDA to Defendant
    No.1. It is true to suggest that,
    as per the sketch Ex.C.1 the
    property marked as ‘M, N, O, L,
    M’ is the property which is in
    the possession of Defendant No.1
    to the extent of 34 guntas. It is
    true to suggest that, as per
    Ex.C.1, site No.2/5 and 2/2 are
    situated in between Point ‘O,S’
    and ‘L,M’, on the Southern side.

    56 OS No. 16649/2006

    24. If it compare the area of land in coloum No.2, 3
    and 4 of Ex.C1 and Ex.C2 sketches, one could easily
    answered it, the plaintiff have been in his possession of the
    property of 1st defendant. Admittedly, the plaintiff described
    the suit schedule property and it identified under the
    property No.2/2 and 2/4. If compare Ex.C1 and Ex.C2
    sketch with the claim of the plaintiff, one prudent man
    easily adjudged the property identified in and as 2/2 is
    available in the written statement schedule property.
    Further, if compare the schedule of suit schedule property
    with written statement schedule property, wherein the Plaint
    it could be seen in towards to northern side of the suit
    schedule ‘A’ property it existence property belonging to the
    1st Defendant. Admittedly plaint ‘A’ schedule property is,
    property No.2/2 and same property intowards to its
    northern side it existence of written statement ‘A’ and ‘B’
    schedule property. If once compare the boundaries given by
    the Plaintiff to his ‘A’ schedule property with Ex.C1 and
    Ex.C2 sketches, one could be understand the property
    belonging to 1st Defendant have encroached by the Plaintiff
    by identifying his property as property No.2/2. As per the
    57 OS No. 16649/2006

    Plaintiff plaint schedule ‘A’ property is 2/2 having total
    extent of 4550Sqft. Whereas Ex.C1 and Ex.C2 sketch, it
    evidence property allotted to 1st Defendant is comes within
    the area of B,C,D,E,F,S,B. If it compare the property
    claimed by the Plaintiff under property No.2/2 as plaint ‘A’
    schedule property with area of land enumerated and
    identified by the Court Commissioner at in Ex.C1 and Ex.C2
    sketches, one could easily adjudged the property claimed by
    the Plaintiff under property No.2/2 as plaint ‘A’ schedule
    property amalgamated in the area of B,C,D,E,F,S,B of Ex.C1
    and Ex.C2 sketches. To negate such of testimonial values of
    Ex.C1 and Ex.C2 sketch no such of the cross examination
    called by the Plaintiff. With this being of observation one
    could be easily say, Defendant No.1 have probablized his
    case the property allotted by the 2 nd Defendant to the 1st
    Defendant under Ex.D8 sale deed and Ex.D15 possession
    certificate is itself the property claimed by the Plaintiff
    under property No.2/2 as plaint ‘A’ schedule property. 1 st
    Defendant once to probablize his case theory and if
    successfully established the property claimed by the Plaintiff
    as property No.2/2 under plaint ‘A’ schedule property is
    58 OS No. 16649/2006

    belonging to 1st Defendant, the same it evidence the
    Plaintiff have been in the possession of plaint ‘A’ schedule
    property as unauthorized possessor. Once to the Defendant
    No.1 if it established unauthorized occupation of the
    property belonging to him by the Plaintiff and if he
    identified property belonging to 1 st Defendant under a
    imagination, certainly the Plaintiff ought to vacated such of
    possession of the property to 1st Defendant. So from the
    above observation, I answer issue Nos.1 to 4 in the
    Negative and additional Issue Nos.1 to 3 in the Affirmative.

    25. Issue No.5:- For the foregoing reasons, I
    proceed to pass the following;

    : O R D E R :

    Suit of the plaintiff, is
    dismissed with cost.

    Counter claim filed by
    1st defendant, is decreed with
    cost and it declared 1st
    defendant is the absolute
    owner of written statement ‘B’
    schedule property.

    Further, the plaintiff is
    directed to vacated and
    59 OS No. 16649/2006

    handover the vacant
    possession of the ‘B’ written
    statement schedule property
    within 3 months from the
    date of this judgment. Once
    the plaintiff fail to do so and
    to comply the judgment,
    liberty granted to 1st
    defendant to make appropriate
    action in against the plaintiff
    for recovery of ‘B’ written
    statement schedule property as
    per law.

    Draw decree accordingly.

    In view of disposal of
    the suit, pending interlocutory
    applications if any do not
    survive for consideration and
    they stands disposed off.

    (Dictated directly to the Stenographer on computer typed by her, corrected and
    then signed by me and pronounced in the open Court on this the 29 th day of
    June, 2026)

    sd/-

    [ ONKARAPPA.R]
    XIII ADDL.CITY CIVIL & SESSIONS JUDGE
    BENGALURU
    60 OS No. 16649/2006

    :ANNEXURE:

    WITNESSES EXAMINED FOR THE PLAINTIFFS:

    PW.1         :   Shakeel Pasha
    WITNESSES EXAMINED FOR THE DEFENDANT:
    DW.1     :   K. N. Tilak Kumar
    DW.2     :   M.S. Jagadish
    DW.3     :   Kumar B.N
    DW.4     :   N.Krishna Kumar
    
    WITNESSES EXAMINED FOR THE COURT:
    CW.1     :   Veena N M & Somashekaraiah H.C.
    
    DOCUMENTS EXHIBITED FOR THE PLAINTIFF:
    Ex.P.1       GPA
    Ex.P.2 & 3   Sale deed
    Ex.P4 to 7   Encumbrance Certificate
    Ex.P8        BDA letter dated 19.07.2006
    Ex.P9        Office copy of the reply notice dated
                 22.08.2006
    Ex.P10       Postal acknowledgment
    

    Ex.P11 and Betterment paid charges receipt
    12 dated 25.06.2009
    Ex.P13 to 16 Tax paid receipts
    Ex.P17 and Khata Certificate
    18
    Ex.P19 and Assessment notice
    20
    61 OS No. 16649/2006

    DOCUMENTS EXHIBITED FOR THE DEFENDANT:-

    Ex.D.1 and Preliminary notification dated 19.09.1977
    D.2
    Ex.D.3 and Final notification dated 09.03.1978
    D4
    Ex.D.5 Letter of the BDA dated 07.01.1985
    Ex.D.6 Acknowledgment issued by BDA dated 31.01.1985
    Ex.D.7 Certified Copy of registered Sale deed dated
    19.06.1985
    Ex.D.8 Letter dated 22.06.1985 issued by BDA
    Ex.D.9 and BDA sketch
    D.10
    Ex.D.11 and Copies of the 2 awards
    D.12
    Ex.D.13 and Certified Copies of 2 Mahazars
    D.14
    Ex.D.15 Original possession certificate dated 17.07.1985
    Ex.D.16 and Two extracts of the land acquisition register
    D.17 maintain by the BDA
    Ex.D.18 Gazatte notification dated 30.06.1982
    Ex.D.19 Copy of the judgment reported in 4 supreme court
    cases 460
    Ex.D.20 Certified Copy of the order on I.A no. 1 in O.S.
    4346/1999
    Ex.D.21 Certified Copy of the order passed in MFA
    1373/2005
    Ex.D.22 to 4 tax paid receipts
    62 OS No. 16649/2006

    D.25
    Ex.D.23 (a) 2 acknowledgments issued by the BBMP
    to D 25(a)
    Ex.D.26 and 2 Akara Bandha register extract
    D.27
    Ex.D.28 to Certified Copies of the 5 Tippani sketches
    D.32
    Ex.D.33 to 6 photographs
    D.38
    Ex.D.33 (a) Concerned negatives
    to D38(a)
    Ex.D.39 Certified copy of the plaint in OS 10470/85
    Ex.D.40 Certified copy of the Written Statement
    Ex.D.41 Certified copy of the judgment and decree in the
    said suit
    Ex.D.42 Certified copy of the order in WP 3638/87
    Ex.D.43 Certified copy of the judgment in MFA 440/88
    Ex.D.44 Certified copy of judgment in MFA 159/99
    Ex.D.45 Certified copy of judgment and decree in O.S.
    1251/89
    Ex.D.46 Certified copy of the order in WP 16360/88
    Ex.D.47 Certified copy of the order in WA 1280/96
    Ex.D.48 and Two Encumbrance certificates
    D.49
    Ex.D.50 Khata certificate
    Ex.D.51 Khata extract
    63 OS No. 16649/2006

    Ex.D.52 Preliminary notification dated 19.09.1977
    Ex.D.53 Final notification dated 17.02.1978
    Ex.D.54 Certified copy of the LAC and register extract
    Ex.D.55 Sketch
    Ex.D56 Survey sketch
    Ex.D56(a) Signature

    DOCUMENTS EXHIBITED FOR THE CW1 :

    Ex. C1 & Ex.C2 Commissioner Report along with sketch
    Ex.C3 Mahazar at the spot
    Ex.C4 Commissioner report are now
    collectively

    sd/-

    [ ONKARAPPA.R ]
    XIII ADDL.CITY CIVIL & SESSIONS JUDGE
    BENGALURU



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