- (1.)The defendants in O.S.No.4683/1994 are the appellants herein. The suit filed by the plaintiffs for declaration and consequential reliefs has been decreed by the Court below. The defendants therefore claim to be aggrieved by the same.
(2.)The parties would be referred to in the same rank as assigned to them before the Court below for the purpose of convenience and clarity.
(3.)The plaintiff-Sangha claims to be the owner of the property bearing No.6, 8th Cross, 10th Main, Devanga Sangha Road, Sampangiramanagar, Bangalore. The said property is claimed to have been donated by one late Yajaman Venkatappa under a registered Gift Deed dated 08.11.1943. The plaintiff is said to be in possession of the property. The City Corporation formed a road in the said area in between Survey No. 1 and the said property got divided into two halves. It is stated that the City Survey Department after survey has given Survey No. 99. The City Corporation has thereafter issued khatha in favour of the plaintiff and given No. 6, 10th Main Road, Sampangiramanagar. The plaintiff claims to be paying the tax regularly. The City Survey Department is also stated to have surveyed the area of Eastern portion of Survey No. 1 where there are two tombs and has been given separate City Survey No. 100. The plaintiff celebrates annual ceremony at the area of the tombs and daily pooja is being done. The building which is dilapidated with asbestos sheet is in City Survey No. 99.