A widow sought a writ direction to the Bengaluru Development Authority to execute an absolute sale deed for a site allotted to her late husband under a lease-cum-sale agreement. As conditions were complied with and BDA did not contest liability, the court directed execution of the deed within three months.
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NC: 2024:KHC:31024 WP No. 2724 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 2724 OF 2024 (BDA)
BETWEEN:
SMT. HANUMAKKA W/O. LATE HANUMANTHARAYAPPA, AGED ABOUT 64 YEARS, R/AT NO. 1006, 1ST RAILWAY PARALLEL ROAD, STATION ROAD, KENGERI UPANAGARA, BENGALURU-560 060.
…PETITIONER
(BY SRI. DAYANANDA K.G., ADVOCATE)
AND:
Digitally signed by H K HEMA Location: High Court of Karnataka
THE BENGALURU DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, SANKEY ROAD, KUMARAPARK WEST, BENGALURU-560 001.
…RESPONDENT
(BY SRI. AJAYKUMAR M., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENT TO EXECUTE THE ABSOLUTE SALE DEED IN FAVOUR OF THE PETITIONER IN RESPECT OF THE SITE BEARING NO.269, MEASURING 6 X 9 METERS, IN BLOCK XIX
AT ARKAVATHI LAYOUT, BENGALURU IN PURSUANCE OF REPRESENTATION DATED 15.02.21 VIDE ANNEXURE-E
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
The late husband of the petitioner was allotted a site by the respondent and a lease-cum-sale agreement was executed in favour of site bearing No.269, Block XIX, Arakavathi Layout, Bengaluru. After his death and inspite of complying with all the terms and conditions of the lease-cum-sale agreement and giving a representation to the respondent to execute a sale deed in her favour, the respondent has not executed the sale deed. Hence, the present writ petition is filed.
been executed in favour of the late husband of the
petitioner in respect of site No.269. The learned counsel for the respondent is not in a position to contravene that the conditions of the lease-cum-sale agreement have been complied with by the petitioner and the respondent is liable to execute the sale deed in favour of the petitioner. Hence, the following:
ORDER
i. Respondent is directed to execute an absolute sale deed in favor of the petitioner in respect of site bearing No.269, Block XIX, Arakavathi Layout, Bengaluru within a period of three months from the date of receipt of certified copy of this order, provided the petitioner complies with all the legal formalities and there is no rival
claimant to the interest of her deceased husband.
ii. The writ petition is disposed of accordingly.
Sd/(M.I.ARUN) JUDGE
JJ
List No.: 1 Sl No.: 40
1 issue framed by the court
Whether BDA must execute an absolute sale deed for the site allotted to the petitioner's late husband under a lease-cum-sale agreement after compliance with its terms.
1 provisions across 1 enactments
Smt. Hanumakka
The Bengaluru Development Authority
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
