A.K.SIKRI, R.K.AGRAWAL
Bangalore Development Authority – Appellant
Versus
N. Jayamma – Respondent
JUDGMENT :
A.K. Sikri, J.
The instant appeal, which has travelled to this Court, had its origin in a suit filed by the respondent in the Court of City Civil Judge, Bangalore. The said suit was filed by the respondent herein for declaration of title to the suit property situated in Sy. No. 76/1. It was claimed by the respondent that she had purchased the property on June 22, 1994 ad-measuring East to West 60 ft. and North to South 50 ft. (hereinafter referred to as the 'suit property') from its previous owner and had constructed a building thereupon. The aforesaid suit property, which was part of Sy. No. 76/1 comprising 4 acres 31 guntas (hereinafter referred to as the 'scheduled property'), was acquired by the State Government for Bangalore Development Authority-appellant herein (for short, 'the BDA'), for which Notification under Section 4 of the Land Acquisition Act, 1894 (for short, 'the Act') was issued on December 15, 1984 followed by a declaration under Section 6 of the Act on October 29, 1986. Purportedly, possession thereof was handed over to the BDA on August 30, 1988 vide Mahazar (Exhibit D-4). However, it appears that the actual possession of the suit property remained wit
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