This appeal is filed by the defendant – Bangalore

Development Authority (‘for short, ‘the BDA’) under

Section 96 of Civil Procedure Code challenging the

judgment and decree dated 29.09.2006 passed by the IX

Additional

City

Civil

Judge,

Bangalore,

in

O.S.No.3039/1991, whereby the suit filed by the plaintiff

has been decreed.

2. For the sake of convenience, the parties are

referred to as per their rankings before the trial court.

3. The case of the plaintiff is that he was in peaceful

possession of the suit schedule property bearing No. i.e.,

sites bearing No.30, 31, 39 and 40 in Sy.No.30/3,

Nagawara main road, Bangalore. The further case of the

plaintiff is that he has purchased the property from the

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absolute owner, i.e., defendant No.1, by an Agreement

Deed dated 10.05.1984. From the date of agreement he

is in the possession of the property and he has put up a

building. It is his further case that the said property which

was acquired has been de-notified on 27.12.1984. On

16.01.1991 and 14.05.1991 the defendant – BDA tried to

demolish the super structure built on the suit schedule

property. Hence, plaintiff filed a suit for injunction

restraining

t