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Judgment
Mohan Shantanagoudar
Learned Government Advocate takes notice for respondents. Heard. Petitioner has sought for a direction to respondents to execute the sale deed in pursuant to the Government Order No. PWD:595:JVR:59, dated 23.10.1970 vide Annexure-B and in terms of the possession certificate dated 9.3.1983 vide Annexure-E.
The records reveal that Smt. Prema, D/o. late K.G. Doddaveerappa, W/o. Nanjundaswamy, resident at No. 684/35, 3rd Main, 4th Block Rajajinagar, Bangalore-10 was the owner of the house property bearing No. 175/A, 4th Block, Rajajinagar, Bangalore-10 consisting of first and second floors situated at a site measuring 38''x25''. The said property was sold in favour of the petitioner through registered sale deed as per Annexure-A, dated 11.3.1992. Thus, it is clear that the petitioner is the owner of the property. Even prior to such sale made by Smt. Prema, she made a representation to the respondents for allotting the Government land measuring 4''x25'' lying in between the two rows of tenements, abutting her house, in her favour somewhere in the year 1982-83 as a marginal land. It seems, at that point of time, the respondents had taken a decision to allot a strip of land meant for conservancy purposes lying in between two rows of tenements to the plot owners adjoining the said strip of land i.e., the said strip was decided to be bifurcated into pieces for the purpose of allotting one piece each to the adjoining house owners. Accordingly, the Government land lying between eastern and western rows abutting the house of Smt. Prema, the vendor of the petitioner to an extent of 4''x25'' was allotted in favour of Smt. C.Prema as per the order at Annexure-C. The said Smt. Prema has paid requisite amounts also in respect of the such marginal land. Thereafter possession certificate is issued as per Annexure-E by the respondents on 9.3.1983 in her favour. In the possession certificate, the area as well as the boundaries are mentioned in respect of the allotted property. Undisputedly, the marginal land so allotted to Smt. Prema as per Annexure-C abuts/adjoins the property already held by Smt. Prema, over which she has constructed the house and was residing. So also, the remaining portions of very strip of land were allotted to the remaining adjoining site owners. Thus, it is clear that the marginal land was held by Smt.Prema till the sale.
In view of the above, it is clear that the marginal land goes along with the main site. The marginal land is surrounded by the compound along with the main site and Smt.Prema has started using it till she sold the entire property along with the marginal land. As aforementioned, the petitioner purchased the main site itself. However, unfortunately, there is no averment with regard to marginal land in the said sale deed. Since the marginal land goes with the main property and as the said property cannot be used by anybody else except the petitioner, the possession of the petitioner over the said property shall be regularised in respect of the marginal land measuring 4''X25'' in favour of the petitioner. By that process, no prejudice or injustice would be caused to any of the parties, more particularly when the possession certificate is issued in favour of the vendor of the petitioner. Accordingly, the following order is made:-
Respondents 3 and 4 shall execute the sale deed in favour of the petitioner in respect of marginal land measuring 4''x25'' lying in between eastern and western rows of house situated at 4th block Rajajinagar, Bangalore, the Schedule of the property is more fully described in Annexure-E, dated 9.3.1983, as early as possible, but not later than the outer limit of three months from the date of receipt of this order.
It is made clear that as already consideration is paid in respect of the marginal land in question by the vendor of the petitioner, the petitioner shall not be directed to pay the sale consideration once again. However, the petitioner shall bear the registration expenses.
Writ petition is allowed accordingly.