B S PUTTANNA SETTY Vs. COMMISSIONER BDA

JUDGEMENT

(1.) The appellant was plaintiff before the XIII Addl. City Civil Judge, in O.S. No. 3693 of 1987 and being aggrieved by the dismissal of his suit filed for, specific performance for allotment of an alternate site as promised by the Secretary of the B.DA., has preferred this appeal.

(2.) His case is that a revenue site in S. No.53 in Weavers' Colony at Gangenahalli, Bangalore, which in turn was comprised in Sy. Nos. 25, 27/1, 34 and 35 was allotted to him by the Cubbonpet Silk Handloom Weavers' Co-operative Society Ltd. and all these revenue survey numbers were acquired by the B.D.A. and thereafter, on 14-9-1976 he was intimated by the Secretary as per Ex. P. 3 that alternate site would be allotted to him at the old rate and subsequently it was not allotted and thereafter he filed Writ Petition 7810 of 1987 for getting alternate site allotted, but that Writ Petition was dismissed directing him to approach the Civil Court and, therefore, he had approached the Civil Court for specific performance of the said alleged agreement.

(3.) The B.D.A. having denied the allegations made by the plaintiff, the trial Court framed a number of issues out of which issue No. 1 is to the effect: