The court established that prior claims do not preclude current ownership rights of a specific land portion, reaffirming plaintiff's title after a thorough analysis of historic acquisitions and legal circumstances.

JUDGMENT :

E.S.INDIRESH, J.

These appeal are filed by the plaintiff challenging the judgment and decree dated 25^th April, 2014 passed in Original Suit No.583 of 2009 and Original Suit No.7995 of 2006 on the file of the XXVII Additional City Civil Judge, Bengaluru (for short, hereinafter referred to as 'Trial Court'), dismissing the suits filed by the plaintiff, seeking relief of declaration and injunction.

2. For the sake of convenience, parties in this appeal are referred to as per their raking before the Trial Court in Original Suit No.7995 of 2006.

3. The facts in nutshell for adjudication of these appeals are that the plaintiff filed suits seeking relief of declaration with consequential relief of permanent injunction against the defendants in respect of the suit schedule property. It is averred in the plaint that the grandfather of the plaintiff viz., Maistri Subba Hanumaiah had purchased the land to an extent of 4 acre 20 guntas in Survey No.14 of Kodigehalli Village, Yelahanka Hobli, Bengaluru North Taluk, as per the registered Sale Deed dated 15^th February, 1936. Thereafter, the registered Deed of Settlement dated 22^nd December, 1939 was executed by the grandfather of the plaintiff in favour of his two brothers namely Marappa and Byanna; and his son M. Muniyappa (father of the plaintiff) to an extent of one-third share each. It is further stated that, in terms of the Deed of Settlement dated 22^nd December, 1939, name of Marappa and his wife Doddamma and Byanna and his wife Akkayamma along with Muniyappa (father of the plaintiff) and his wife Hucchamma were entered to an extent of one-third share each in the total extent of 4 acre 33 guntas. It is also stated that the total extent of land bearing Survey No.14 of Kodigehalli Village was measuring 14 acre 33 guntas, wherein, as per the registered Sale Deed dated 15^th February, 1936 said to have been purchased by Maistri Subba Hanumaiah (grandfather of the plaintiff) has been given new Survey No.14/1 after the re- survey made on 13^th February, 1938 by the Department of Land Records.

4. It is also averred in the plaint that the Revenue Records stand in the name of the grandfather of the plaintiff and land to an extent of 23 guntas in 1 acre 24 guntas belonging to the father of the plaintiff was notified for acquisition in favour of Ministry of Communications Employees Co-operative Housing Society Ltd. (defendant No.5). It is further contended that, after acquiring 23 guntas out of 1 acre 24 guntas, remaining extent of 1 acre 1 gunta was in possession of the father of the plaintiff. The father of the plaintiff died during the year-1990 and thereafter, the plaintiff succeed to the estate left behind by his father. It is further averred that the defendant No.6 had filed Writ Petition No.5776 of 1993 before this Court with regard to the acquisition proceedings and the identity of the land in question, which was discussed and thereby, the writ petition came to be dismissed by this Court on 23^rd June, 1997. Thereafter, Writ Appeal No.3949 of 1997 was filed and this Court, by order dated 04^th November, 1997, held that the defendant No.5-Soceity is entitled for 23 guntas of land in Survey No.14/1 of Kodigehalli Village and directed to identify the area left by the respondent- Bangalore Development Authority for the purpose of Civic Amenities. It is t