The judgment establishes the importance of survey documents, notifications, and the correction of misdescriptions in determining possession and entitlement to temporary injunction.

JUDGMENT :

The plaintiff in O.S.No.1783/2021 has preferred this appeal under Order 43 Rule 1(r) of the Code of Civil Procedure (CPC) challenging the order of the trial court dismissing his application filed under Order XXXIX Rules 1 and 2 of CPC for temporary injunction against the defendants pending disposal of the suit.

2. The plaintiff’s case is as below :

He purchased 1 acre 05 guntas of land in Sy.No.17/10A of Thanisandra Village, Krishnara japuram Hobli, Bengaluru East Taluk from one Kuppuswamy under a registered sale deed dated 29.04.1994 and also purchased another bit of land in same survey number from Lakshmamma W/o Kuppuswamy under another sale deed dated 29.09.2003. In the schedule to the plaint, he has described the land in his possession as 1 acre 06 guntas with 04 guntas of kharab land situate in Sy.No.17/10A, present Sy.No.17/10D of Thanisandra village with boundaries on four sides. His actual grievance is that though in the sale deeds under which he purchased the aforesaid pieces of land as 17/10A, the survey conducted in the year 2018- 19 showed that the land that he purchased was actually situated in Sy.No.17/10D and that the boundaries mentioned in the sale deeds actually confirmed his possession in Sy.No.17/10D, not 17/10A; and there was a mis-description of the survey number in the sale deeds.

2.1. He alleged interference by the defendants with his possession of the land. When he tried to fence his land, the defendants stopped the work. He has also pleaded that the defendants have taken up construction by encroaching upon his land, and in this background he has claimed the reliefs of declaration of title over the plaint schedule property, mandatory injunction to remove the unauthorized construction, damages of Rs.50,000/- and permanent injunction to restrain the defendants from interfering with his possession.

2.2. The plaintiff also filed an application as per IA No.1 under Order XXXIX Rules 1 and 2 CPC for an order of temporary injunction restraining the defendants from interfering with his possession of plaint schedule property. The plaintiff stated that in view of construction work having been taken up by encroaching on the plaint schedule property, temporary injunction was necessary to be issued.

3. The defendants’ main contention is that the plaintiff purchased the land in Sy.No.17/10A and it was acquired by the BDA. The plaintiff has filed the suit with an intention to grab their property. They are in possession of 2 acres 21 guntas in Sy.No.17/10D of Thanisandra village, having purchased the same under registered sale deed dated 24.01.1975. It is also their contention that even if it is assumed that the plaintiff has any interest in the land bearing Sy.No.17/10D, according to the plan produced by the plaintiff, there is a Rajakaluve on the eastern side. There appears to be encroachments on the northern side of his property and therefore, in order to gain what he lost by way of encroachment, the plaintiff might be laying claim on their property.

3.1. So far as construction activity is concerned, it is stated that the first defendant has entered into a joint development agreement with the second defendant for developing their property. They denied encroachment.

4. The trial court has reasoned that the plaintiff has not been able to show his possession over the plaint schedule property and thus, prima-facie case for grant of temporary injunction has not been established. To arrive at this conclusion, the trial court has held that the sale deeds pertaining to plaintiff’s property show that he purchased the land in Sy.No.17/10A only; he has not produced any document to show that he is in possession of land in Sy.No.17/10D and the plaintiff has also not obtained amended sale deed from his vendors. Further findings are that the plaintiff’s land is situated in Sy.No.17/10A only and it was acquired by the Bengaluru Development Authority for formation of Arkavati Layout. As per the acquisition notification, Sy.No.1