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K. NATARAJAN
Gavipuram Extension House Building Co-Op Society Ltd. – Appellant
Versus
Muniswamy – Respondent
JUDGMENT
1. RFA No.658/2017 is filed by the defendant No.2 and RFA No.693/2017 filed by defendant No.1, under Sec. 96 of CPC for setting aside the judgment and decree passed by the City Civil and Sessions Judge in O.S.No.9348/2014 dtd. 7/1/2017.
2. Heard the argument of learned counsel for appellants and respondents.
3. The rank of the parties before the Trial Court are retained for the sake of convenience.
4. The case of the plaintiff before the Trial Court is that the plaintiff filed suit for recovery of money contending that the land bearing Sy.No.118 measuring 2 acres 33 guntas situated at Nagadevanahalli Village, Kengeri Hobli has been granted in favour of the plaintiff on 31/10/1961. The Saguvali chit was also issued in his favour on 21/3/1970. There was non alienation clause, for selling the property. The plaintiff has alienated the land in favour of the defendant No.3, through registered sale deed on 7/8/1980 and in turn, defendant No.3 sold this property to defendant No.1 under the sale deed dtd. 15/11/1985. The alienation was affected by violation of provisions of Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of certain lands) Act, 1978 (hereinaft
The court established that mutual agreements regarding compensation in the context of litigation are enforceable, and that the absence of a notice under Section 125 of the Societies Act does not prec....
The absence of a registered conveyance deed precludes the Society from claiming any rights to the plot, and principles of res judicata apply to prevent re-litigation of the same issues.
The burden of proof lies on the claimant to establish title and possession over the acquired lands in a suit for compensation under the Land Acquisition Act.
:(1) Land Acquisition – Jurisdiction of Civil Court to entertain dispute regarding entitlement of compensation is not barred.(2) Land Acquisition – Compensation – Though suit as claimed by plaintiffs....
The main legal point established is that a declaratory decree entitles a party to seek redressal of their legal rights, and a society is obligated to execute a sale deed in compliance with such a dec....
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