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2006 Supreme(SC) 944

G.P.MATHUR, LOKESHWAR SINGH PANTA
Commissioner, Bangalore Development Authority – Appellant
Versus
K. S. Narayan – Respondent


JUDGMENT

G.P. Mathur, J.—1. The issue involved in these appeals, by special leave, is identical and, therefore, they are being disposed of by a common order. For the sake of convenience facts of Civil Appeal 8307 of 2002, which has been filed challenging the judgment and decree dated 14.6.2001 passed by Karnataka High Court in R.F.A. No. 406 of 2001, shall be stated.

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 plaintiffs 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 app


































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