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1993 Supreme(Kar) 254

G.P.SHIVAPRAKASH
DECCAN ENTERPRISES, BANGALORE – Appellant
Versus
COMMISSIONER, CORPORATION OF CITY OF BANGALORE – Respondent


Advocates:
G.NAGARAJULU NAIDU, K.N.Puttegowda, SREEVATSA ASSOCIATES

G. P. SHIVAPRAKASH, J.

( 1 ) THE petitioner, which is a registered partnership firm, purchased premises bearing old nos. 20-a, 20-b, 20-c, 21, 21-a, 21-b (new nos. 52, 53, 54, 55, 56, 57, 58, 59, 60 and 60/1), m. g. road, Bangalore, under a deed of sale dated 8-8-1985. After deriving title to the aforesaid properties, the petitioner sought transfer of khatha in terms of Section 114 of the Karnataka Municipal Corporations Act, 1976 (hereinafter referred to as 'the act' ). Accordingly, the respondent-corporation transferred the khata in the name of the petitioner. Subsequently, the petitioner-firm has applied for permission to construct a new building at the aforesaid premises.

( 2 ) THE existing old buildings are in the occupation of certaintenants. It appears, j. Rajabalan, an Advocate of the Bangalore bar, was in occupation of a portion of the first floor of premises No. 54. It seems he had objected to the issue of licence in favour of the petitioner for construction of a new building on the ground that he had instituted a civil suit o. s. 2823/85 in the city civil court at Bangalore seeking permanent injunction restraining the petitioner, its workmen, agents or any one else from i













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