IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANAND BYRAREDDY, J.
Smt. Siddamma & Ors. - PETITIONER
Vs.
Bhavani Housing Co-operative Society Limited & Ors. - RESPONDENTS
WRIT PETITION No. 49491 OF 2015 (CS-RES) CONNECTED WITH WRIT PETITION No. 38532 OF 2015 (CS-RES)
Decided On : 29-03-2016
INDIAN REGISTRATION ACT, 1908 - Section 17: [Anand Byrareddy, J] Two sale deeds in respect of same property - Previous or earlier sale deed not cancelled - Subsequent sale deed is null and void.
KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 - Section 70: [Anand Byrareddy, J] Disputes under - What is contemplated is recovery of debts by the society, a dispute by a surety from whom any recovery may have been made by the society, election disputes or a dispute between a society and its employee or employees. The tenor of sub-section (2) is clearly restricted to the named disputes and cannot be read as including all transactions forming part of the business of the Society - Disputes pertaining to transfer of immovable property or the validity of registered sale deeds are not contemplated - When once a sale deed is executed and registered, the purchaser becomes the absolute owner and neither the Authority nor the Society would have the power to negate the registered deed unless it is cancelled by a competent Civil Court.
KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 - Section 70 & Specific Relief Act, 1963 - Section 31: [Anand Byrareddy, J] Allotment if site and execution of sale deed - Cancellation of earlier allotment in dispute under Section 70 and re-allotment in favour of other and registration of sale deed - Held, Proper course for the second allotee is to file a suit under Section 31 of Specific Relief Act and not to raise a dispute under Section 70 of Karnataka Co-operative Societies Act - Cancellation of earlier allotment does not cancel the sale deed already executed and registered - Subsequent sale deed on re-allotment is null and void.
These petitions are heard and disposed of by this common order, as these are petitions by the very petitioner in respect of the same circumstances.
2. The facts, as narrated by the petitioner, are as follows:
The petitioner is said to be the absolute owner of property bearing no.14, 'Q' Block (part of land bearing survey no.132 and 133 of Kathriguppe) Banashankari III Stage, Bangalore, measuring about 40 feet by 30 feet. It is said to be a residential site formed by a house building co-operative Society, known as Bhavani Housing Co-operative Society Ltd., the first respondent herein.
The above property was said to have been originally allotted to one K.S.Sowmya and conveyed to her under an absolute Sale deed dated 22.6.1999 by the said Society. Physical possession appears to have been delivered under a Possession Certificate dated 11.7.2001.
The said Sowmya, a well known Kannada film star, is said to have died in an air crash, as on 17.4.2004. It appears she had entered into an agreement to sell, the above said property, with the petitioner. After the death of Sowmya, her husband, who is said to have succeeded to her estate, is said to have executed a registered sale deed in favour of the petitioner, dated 24.9.2005.
The petitioner is said to be dependant on her sons for all her needs, including the management of her properties, as she is ageing and had also suffered injuries in the recent past, apart from being diagnosed for several age related illnesses and was hence totally bed-ridden. It transpires that when one of her sons, Narasimha Murthy, had routinely visited the above property, as on 15.3.2015 it was found to be free of any encroachment. However, it is stated that when he again visited the site on 18.8.2015, he found that there was construction activity in full progress, on the said property. Having failed to gather proper details of the person or persons at whose instance the construction was being carried on, it is said that he had immediately approached the jurisdictional police to prevent the illegal construction. However, the police had opined that it was a dispute of a civil nature and that he would have to take civil action. It transpires that a civil suit was filed in OS 7246/2015, before the City Civil Court, Bangalore, after ascertaining that it was the second respondent in the first of these petitions, who was constructing on the said property. The suit is said to be pending as on date.
It transpires that the second respondent who has entered appearance in the suit, has set up a defence that the site in question had been allotted by the first respondent -society in favour of the third respondent and had been conveyed under a registered sale deed dated 14.8.2012. And that the said third respondent, had in turn, executed a registered sale deed in favour of the second respondent, dated 18.3.2015. And that she was putting up construction as absolute owner thereof.
Incidentally, it is stated that it is significant to note that the third respondent is said to be the sister-in-law of the Secretary of the first respondent -Society. It is also alleged that there are several civil and criminal cases pending against the said Secretary, one P.H. Dayanand. It is alleged that the said person has poor antecedents and is accused of various instances of cheating and fraud. It is claimed that he is closely associated with a minister of Cabinet rank, in the present State Government. It is urged that the immunity developed by the said Dayananda, is evident from the circumstance that the police were unable to execute several non-bailable warrants issued against him, because of his political clout and ill-gotten financial strength.
It is contended that the said Dayananda, knowing fully well that the petitioner was the owner of the property in question had proceeded to allot the same clandestinely in favour of his sister-in-law and had thereafter executed a sale deed in her favour, representing the Society as its Secretary.
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