CHANDA SALARIYA Vs. COMMISSIONER

JUDGEMENT

(1.) The petitioner, who claims ownership of the property through partition has challenged the order dated 30.11.2016 passed by the Karnataka Appellate Tribunal, Bengaluru whereby the appeal filed by the petitioner was dismissed.

(2.) The dispute pertains to alleged illegal construction on the premises bearing No.82/2 situated in Nagavarapalya, Ward No. 57, C.V. Raman Nagar, Bengaluru, in which Smt. Chanda Salariya, wife of Late Shri Ashok Salariya has been residing.

(3.) The facts of the case are that the premises bearing No.82/2 (portion of old No.168) was the property of Late Shri Ashok Salariya acquired under the oral partition effected on 01.01.1981 reduced into writing on 17.05.1981, between the 5 sons of Late Shri K.C. Salariya. While the petitioner resides in one of the portions of the partitioned property, the adjacent portion is occupied by Shri.Sudhir Salariya, the brother-in law of the petitioner, who acquired the said adjacent portion under the same partition dated 01.01.1981. Further, the partition effected on 01.01.1981 and reduced into writing on 17.05.1981 is currently under challenge by way of two civil suits pending before the City Civil Court, Mayo Hall, Bengaluru in O.S.No.16908/2004 and O.S. No.16375/2006. Shri.Sudhir Salariya is one of the defendants in both the suits pending before the City Civil Court, Mayo Hall.