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1998 Supreme(Kar) 606

V.GOPALA GOWDA
M. SHIVAKUMAR – Appellant
Versus
BANGALORE DEVELOPMENT AUTHORITY – Respondent


Advocates:
BHARATI NAGESH, G.R.Laxmipathi Reddy, SAMPATH ANAND SHETTY

V. GOPALA GOWDA, J.

( 1 ) THE petitioner claims that site No. 388, situated at 6th block, koramangala, Bangalore, was allotted by the first respondent-Bangalore development authority to him. Petitioner has produced the lease-cum- sale agreement at Annexure-b, dated 16-9-1992, possession certificate at Annexure-C dated 3-10-1992 and katha entered in his name vide Annexure-D , dated nil during October 1992, receipt as per Annexure-E , dated 1-4-1992 for having paid the tax, conditional sale deed as per Annexure-F dated 30-10-1992, certificate as per Annexure-G , dated 11- 11-1992 to show that the property in question stands in his name, Annexure-H series for having paid the tax, sanction of plan vide aannexure-j dated 'nil' and the special notice issued under Section 147 of the Karnataka municipal corporations act for revision of tax. Annexure-n, dated 15-10-1997 is produced to show that loan is raised by mortgaging the property in question for constructing the house. The petitioner asserts that he has constructed a house and has been residing therein and two photographs are produced vide Annexures-m and ml showing the existence of building. However, the petitioner has not produced th












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