AIR OFFICER COMMANDING, AIR FORCE STATION YELAHANKA, BANGALORE v. SHRI. S.M. ASHWATHANARAYA

IN THE SUPREME COURT OF INDIA

CIVIL APPEAL NO.14815 OF 2024 (@ SLP(C) No. 27082/2015)

AIR OFFICER COMMANDING, AIR FORCE STATION YELAHANKA, BANGALORE APPELLANT(S)

SHRI. S.M. ASHWATHANARAYA & ORS. RESPONDENT(S)

1. Leave granted.

2. Way back in the year 1943, on 12.02.1943, a total extent

of 218 acres and 30 guntas were acquired vide

Notification No.3441 issued by the Government of Mysore.

This also included an extent of 4 acres 1 gunta situated

in Survey No.36, which belonged to Shri Anjaneya Swami

Temple. An award was passed on 07.04.1945 and a sum of

Rs.287.80 Annas was paid as compensation in favour of

Shri Anjaneya Swami Temple on 11.06.1945 and on

3. After nearly four decades, the predecessor of the

respondents was granted occupancy rights for about 4

acres, inclusive of 27 guntas, out of which, the

appellant had acquired 1 acre in the year 1943. Armed

with the aforesaid order passed under the Karnataka

(Religious and Charitable) Inams Abolition Act, 1995 (in

short, ‘the Act’) granting occupancy rights, a suit was

filed by the respondents, inter alia, alleging that the

appellant had encroached 27 guntas of land, seeking a

relief for declaration, ownership, and possession. After

setting the appellant ex-parte, the suit was decreed on

31.01.1996. Aggrieved by the same, an appe...