LANKAPPA Vs. KARNATAKA INDUSTRIAL CORPORATION

JUDGEMENT

(1.) Special leave granted. The appellants are aggrieved by a judgment and order of the Karnataka High Court (Dated 22.01.2020 by the principal Bench at Bengaluru in RFA No. 14/2019) which allowed the regular first appeal filed by the first respondent (Karnataka Industrial Corporation, hereafter called "KIC").

(2.) The appellants had filed a suit (O.S. No.388/1995, before the Court of II Munsiff, Bangalore Rural District) seeking declaration of title and injunction in respect of suit properties as stipulated in the schedule (Sy.No. 30, measuring 11 acres 16 guntas situated in Talaghattapura Village, Uttarahalli Hobli, Kanakapura Main Road, Bangalore South Taluk) (hereafter called "Suit Schedule Property") which were 11 acres and 16 guntas of agricultural land. Muninarayana Gowda, Putta s/o Ramanna, Sampath s/o Hanumantharayappa, Raja s/o Mangamma and KIC were impleaded as respondents. The appellant's case was that Chowdappa, their grandfather, was granted the Suit Schedule Property by order dated 22.10.1929 passed by the Amaldar, Bangalore South Taluk, and that after his death, his heirs and the appellants were owners in possession of the Suit Schedule Property. It was alleged by KIC (the fifth respondent), a partnership firm, that by order dated 25.03.1968, the Karnataka Government had granted the Suit Schedule Property to it, for non-agricultural use, and the appellants sought to interfere with KIC's possession. KIC resisted the suit alleging, inter alia, that it was the absolute owner in possession of "Khatha No. 290 formerly Sy. No. 30 measuring 11 acres 16 guntas in extent situated at Thalaghattapura village, Uttarahalli Hobli, Bangalore South Taluk and it is the suit schedule property".

(3.) During pendency of the appellant's suit [hereafter called the "1995 Suit"] KIC filed O.S. No.21/1996 (hereafter called "KIC Suit-I") claiming injunction to restrain the appellant from disturbing its possession of the Suit Schedule Property. In its suit, it was alleged inter alia, that: