- (1.) These two appeals arise out of common judgment dated 6-9-1996 passed by the High Court of Karnataka at Bangalore in cross-appeals filed by the plaintiff and defendants [Regular First Appeal Nos. 191/1987 and 747/1986] against the judgment dated 30-10-1986 of City Civil Court, Bangalore in Civil Suit No. 5634 of 1980. The appellant which is a housing co-operative society of workers in REMCO Industries, was defendant No. 1 before the trial Court.
(2.) The subject-matter of dispute is the land in Survey No. 132/2 measuring 1 acre 3 guntas [now said to have been merged into Survey No. 305] situate in village Kempapur (now part of Bangalore City). The present appellant-Society of workers claims title to the land and it is submitted that it has built houses for its members on it. It is not in dispute that the suit land was an Inam land. Inams were abolished by Karnataka (Personal and Miscellaneous) Inams Abolition Act, 1954. Under the said Act, tenants in occupation of land are given preferential right to apply for Occupancy Rights and if they fail to do so, the Inamdar has been given a right to apply for grant of Occupancy Rights.
(3.) The plaintiff [respondent No. 1 herein] is the purchaser of suit land from Smt. Subbalakshamma, the Inamdar. One Muniyappa who claimed to be a tenant, applied on 22-4-1959 for grant of occupancy rights - amongst others on the suit land. His application for grant of Occupancy Rights for suit land in Survey No. 132/2 with other lands was allowed by the Special Deputy Commissioner by Order dated 28-5-1965 which was produced by the defendants before the trial Court and was admitted as Ex. D-3 in the suit. During pendency of application for grant of Occupancy Rights, Muniyappa's heirs sold the suit land with other lands to REMCO factory in 1963. REMCO factory obtained permission for conversion of the use of land for non-agricultural purpose. The REMCO factory then sold the suit land with other 24 Acres of land to the present appellant-Society of its workers for construction of housing colony.;