This suit is by the Plaintiffs against the
Defendants for declaring that the Plaintiffs are the
absolute owners of the Suit Property through
succession and for mandatory injunction directing the
Defendant corporation to hand over possession of the
Suit Property and not to continue the construction
work in the Suit Property pending disposal of the
above suit and for other consequential reliefs.
2. The epitome of the case of the Plaintiffs is as
follows:
It is stated that one Sri. Appayanna Settee
purchased the entire Village of Kayamgutta
Byaderahalli comes to the limits of Bangalore Civil
and Military Station located in Sy.No.9 now within the
jurisdiction of Bangalore City Corporation Ward No.9,
through public auction held by the Court of the District
Judge, Civil Station, Bangalore, in execution of decree
in O.S.No.1753/1896 in Execution Application
No.152. Thereby Sri. Appayanna Settee became
absolute owner of the aforesaid Village was in
peaceful possession and enjoyment of the same. On
6.9.1934 Sri. Appayanna Sette relinquished his right
and interest over the said village land in favour of his
eldest son Doddi Suryanaraya Setty by way of
executing Release Deed and thereafter he became the
owner of the said village land. On 2.2.1936 Doddi
Suryanarayanan Shetty sold a piece of land in the
entire village of Kayamgutta Biderahalli to Mr. A.
Micheal, a retired Subedar, resident of Frazer Town
under registered Sale Deed vide document
No.1549/1935-36. Thereafter, on 16.4.1940 Sri. A.
Micheal sold the said piece of land to Smt.
Adilakshmamma D/o Muniyappa and wife of A.
Micheal through registered Sale Deed vide document
No.6405/1939-40. On 12.1.1955 Smt.
Adilakshmamma has sold the piece of land i.e., the
Suit Property to Sri. A.R. Thipperumal, the father of
the Plaintiffs by way of registered Sale Deed vide
Document No.1917/1955-56. However, the Defendant
Corporation has denied the title of the said land in the
suit filed by the Smt. Adilakshmamma in
O.S.No.84/1953. Thereafter, the Mr. A.R. Thipperumal
became the absolute owner of the Suit Property by
virtue of registered Sale Deed. But, he did not get
khatha transferred in his name in respect of the Suit
Property, therefore, he filed suit for perpetual
injunction in O.S.No.282/1962 against the Defendant
Corporation. The said suit was dismissed on the
ground that Mr. A.R. Thipperumal has failed to
identify the location of the Suit Property site.
