Unilateral adjudication of title by a corporation is illegal, and issuing Katha does not confer title. Corporation must establish title through a civil suit.

( 1 ) ISSUE rule.

( 2 ) BY consent of the learned Counsel for the parties, these petitions are treated as having been posted for hearing and 1 have heard the learned Counsel.

( 3 ) THE petitioners who are aggrieved by the order of the respondent/corporation have filed these writ Petitions on the ground that by the impugned order, the Corporation has adjudicated the title of the petitioners to the lands in question and accordingly that order is wholly without jurisdiction and contrary to the relevant provisions of the Karnataka Municipal Corporations Act, 1976 (in short the Act ). The facts are not in serious controversy.

( 4 ) THE petitioners in W. P. No. 1769 of 1987 purchased the property in question from the partners of the firm known as C. N. Char and Co. represented by the Managing Partner one C. N. Char. The property was purchased under a registered sale deed dated 28-6-1984, a sum of Rs. 2,92,000/was paid as sale consideration for the aforesaid property and the petitioners were put in possession of the property as could be seen from recital No. 8 in the said sale deed. The various covenants mentioned in the said sale deed disclose that the sellers had assured the petitioners that there was no charge of maintenance or any other charges on the site and that the petitioners may at all times hereafter hold, possess and enjoy the said property without any obstruction or disturbance by the sellers or any person claiming through or under them. After purchasing the property the petitioners applied to the respondent/corporation for the transfer of the Katha of the property from the names of their vendors, viz. , C. Sampath Kumar and others, the partners of the aforesaid firm, to their names. The Commissioner, after making the necessary enquiries, came to the conclusion that the property in question had vested in them and, therefore, the original owner of the said property, viz. , the Mysore Spinning and Manufacturing Co. Ltd. had no title to the said property and, accordingly, it was of the view that the transfer of katha to the names of the successive purchasers was obtained on the basis of documents which created no title in their favour and, therefore, the entries made in the Corporation registers transferring the katha to the names of the successive purchasers were liable to be cancelled. The Corporation accordingly made the impugned order to the following effect: "i therefore, hold that the katha obtained by N. Basavaraj and N. Sampath Kumar for the land sold by The Mysore Spinning and Manufacturing Company Limited were based without title and therefore liable to be cancelled. Accordingly, I cancel the katha issued in favour of Sr. N. Sampath Kumar vide Special Notice No. 86. KTR 79/70-71, dated 20-11-1970, and Sr. N. Basavaraj vide Special Notice No. B6. KTR. 80/70-71 dated 20-11-1970, and the land restored to corporation of the City of Bangalore. " it is significant to note that the Corporation not only cancelled the Katha issued in favour of sampath Kumar but also restored the land to it on the ground that it was the owner of the land in question. By this order, the Corporation had adjudicated its title to the land in question unilaterally and declared itself to be the owner of the said land.

( 5 ) THE genesis of the title to the said property may be noted at this stage : it cannot be disputed that property measuring 98277 Sq. Yards as could be seen from the preamble to the Sale Deed dated 2-11-1970 executed by Mysore Spinning and Manufacturing co. Ltd, in favour of N. Sampath Kumar, partner of C. N. Char and Co. that the vendor, viz. , the mysore Spinning and Manufacturing Co. Ltd. was in continuous enjoyment and undisturbed and undisputed possession of the said land for several decades in pursuance of the various sale deeds and municipal and Government grants covered by correspondence since the year 1904 and the said land bore Municipal number Old 1006 and New 1, in Division V, II Main Road, malleswara