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2022 Supreme(Kar) 1612

V. SRISHANANDA
Commissioner Bangalore Development Authority T. Chowdaiah Road Bangalore – Appellant
Versus
S Venkatarama Reddy S/o Srinivasa Reddy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Ashok Haranahalli, Senior Advocate A/W Sri G.M.Ananda, Adv.
For the Respondent:Sri S.K.V.Chalapathy, Sr. Advocate A/W Smt. Anagha Jayaprakash, Adv.

JUDGMENT :

1. The defendant, Commissioner, Bengaluru Development Authority, [hereinafter referred to as the 'BDA' for short] has challenged the validity of the judgment and decree passed in OS No.10158/2005 dated 10.08.2011 on the file of the XL Addl. City Civil Judge, Bengaluru, in this appeal.

2. The parties are referred to as plaintiffs and defendant for the sake of convenience as per their original ranking before the Trial Court.

3. Shorn of unnecessary details, factual matrix of the case on hand reveals as under:

    Plaintiffs being the brother and sister are the absolute owners in possession of the property bearing Survey No.26/1 measuring 2 acres 32 guntas situated at Alahalli village, Uttarahalli Hobli, Bengaluru South Taluk [hereinafter referred to as the 'suit schedule property' for short]. The plaintiffs have purchased an extent of 32 guntas in Survey No.26/1 of Alahalli village from the previous owners by names Sheik Kumruddin and Sheik Fakru Rehaman and thereafter, they again purchased the remaining 2 acres of land, in the same Survey Number through a registered sale deed dated 23.01.1992 from its previous owners Smt.Chand Bibi and her sons Sheik Khasim and Sheik Basheer and

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