You are on page 1of 10

To, 20th April 2023

M/S ARITHRA PROPERTIES PVT. LTD.


Having its office at
9th Main, 1st Block HRBR Layout,
Bangalore 560 043
represented by
its Director
Rajashekar Venkatappa Reddy

LEGAL SCRUTINY REPORT

Dear Sir,

Sub: Legal Opinion with respect to the converted land bearing Survey
Number 95/12 measuring 1 acre 08 guntas and 95/13 measuring 1 acre 08
guntas totally measuring 2 acres 16 guntas, situated at Avathi Village,
Kasaba Hobli, Devanahalli Taluk, Bangalore Rural District.

SCHEDULE PROPERTY

All that piece and parcel of the Converted land, (converted to non-
agricultural residential use vide order dated 11.09.2000 bearing
No.ALN(D)SR:1:2000-01) in Survey Number 95/12 measuring 1 acre 08
guntas and 95/13 measuring 1 acre 08 guntas totally measuring 2 acres 16
guntas, situated at Avathi Village, Kasaba Hobli, Devanahalli Taluk,
Bangalore Rural district with all rights, appurtenances whatsoever
hereunder or underneath or above the surface, and bounded on:

EAST BY : Konda Muniappa’s Land. (Sy No.96/7)

WEST BY : Remaining portion in Sy.No.95/12 and 95/13

NORTH BY : Bestara Venkatarmanappa’s Land (Sy No.95/11);

SOUTH BY : Purushottam Reddy’s Land (Sy.No.94)

DOCUMENTS SCRUTINIZED

SL NO. Date of Name/ Type of Regd./Ref No. of the document


Document Document
1. 28.2.1975. WILL Document No.44/1974-75 of Book-
III, Volume 22 at pages 1 to 3.
2. 19.06.1976 Order passed LRF No.17/74-75-confirming
by the Land occupancy rights in respect of
Tribunal, Sy.No.95/12 and 95/13 of Avathi
Devanahalli in Village, in favour of Sri.
LRF No.17/74- MunichinappaS/o Thimmarayappa
75
3. 29.02.1980 FORM -10 Issued by Tahsildar, Land Reforms,
confirming receipt of requisite fee
and registering MunichinappaS/o
Thimmarayappa as tenant.
4. 13.01.2000 Sale Deed Registered in the office of the Sub-
registrar, Devanahalli as document
No.1718/99-2000, of Book I,
Volume No.1822 pages between 38-
44 dated 28.01.2000
5. 11.09.2000 Conversion Official memorandum bearing
Order No.ALN(D)SR:1:2000-01, passed by
Deputy Commissioner, Bangalore
Rural District for Change of land
use for non-agricultural residential
purposes to the entire extent of
larger property
6. 18.11.2003 Conversion Official memorandum bearing
Order No.ALN(D)SR 1/2000-01 allowing to
use 20 (twenty) guntas in
Sy.No.95/12 and 95/13 for
commercial purposes
7. 24.09.2004 Sale Deed Document No.DNH-1-02125-2004-
05, of Book I, Stored in
C.D.No.DNHD22, Registered in the
office of the Sub-Registrar,
Devanahalli
8. 24.09.2004 Sale Deed Document No.DNH-1-02126-2004-
05, of Book I, Stored in
C.D.No.DNHD22 Registered in the
office of the Sub-Registrar,
Devanahalli
9. 16.07.2018 Sale Deed Document No.DNH-1-02995-2018-
19 stored in CD No. DNHD670
Registered in the office of the Sub-
Registrar, Devanahalli
10. 10.12.2018 Sale Deed Document No.DNH-1-08341-2018-
19 stored in CD No. DNHD683
Registered in the office of the Sub-
Registrar, Devanahalli
11. 10.12.2018 Agreement of Document No.DNH-1-08340-2018-
Sale 19 stored in CD No. DNHD683
Registered in the office of the Sub-
Registrar, Devanahalli
12. 18.12.2021 Cancellation of Document No.DNH-1-08480-2021-
the Agreement 22 stored in CD No. DNHD1424
of sale dated Registered in the office of the Sub-
10.12.2018 Registrar, Devanahalli
13. 18.12.2021 Agreement of Document No.DNH-1-08428-2021-
sale 22 stored in CD No. DNHD1512
Registered in the office of the Sub-
Registrar, Devanahalli
14. 06.02.2021 Release Deed Release deed dated 06.02.2021,
registered as Document No.DNH-1-
08397-2020-21, CD No.DNHD1200
15. 06.04.2022 Confirmation Document No.DNH-1-00469-2022-
Deed 23 stored in CD No. DNHD1512
Registered in the office of the Sub-
Registrar, Devanahalli
16. 06.04.2022 General Power Document No.DNH-4-00029-2022-
of Attorney 23 stored in CD No. DNHD1512
Registered in the office of the Sub-
Registrar, Devanahalli
17. 06.04.2022 Addendum Addendum Agreement to the
Agreement Registered Agreement of sale dated
18.12.2021 between Basavaiah and
Arithra Properties LLP
18. 26.05.2022 Marketing Between Basavaiah and Arithra
Agreement Properties LLP
19. 19.04.1991 Final Order of W.P.17843/1989, before the High
the Hon’ble Court of Karnataka between Sri.
High Court Muniswamappa Vs. State of
Karnataka and others
20. 04.06.2008 Order passed in The order dismissing the claim filed
PTCL: SR (De) by Sri. Pillathimmarayappa S/o
37/2005-06 by Munichinappa under the PTCL Act
Assistant
Commissioner ,
Doddaballapura
Taluk
21. Pleadings in O.S.1651/2006, filed by Sri.
O.S.1651/2006 Thummarayappa S/o Late
on the file of the Munichinappa Vs. Sri. Pillappa and
Hon’ble Senior others. Suit for Partition and
Civil Judge & separate possession on the file of
JMFC, the Hon’ble Senior Civil Judge, at
Devanahalli Devanahalli
22. 03.09.2012 Judgment in O.S. between Sri. Parasmal
O.S.534/2007 Dungrwal and Sri. K.L.Shivalingaiah
against Sri. Pillappa and others-
Suit for permenant injunction-
Decreed
23. Manual RTC
from 1969-70 to
1998-99, with
respect to Sy.
No: 92/12
24. Manual RTC
from 1969-70 to
1998-99, with
respect to Sy.
No: 92/13

25. Computerized
RTC for the
period 2000-
2001 to 2021-
22 with respect
to Sy. No:
92/12

26. Computerized
RTC for the
period 2000-
2001 to 2021-
22 with respect
to Sy. No:
92/13

27. 01.04.1969 Encumbrance With respect to property bearing


to Certificate Sy.No.95/12 and 95/13
23.111.1999
28. 01.04.1974 Encumbrance With respect to property bearing
to Certificate Sy.No.95/12 and 95/13
31.03.2004

29. 01.04.2002 Encumbrance With respect to property bearing


to Certificate Sy.No.95/12 and 95/13
06.04.2008
30. 01.04.2004 Encumbrance With respect to property bearing
to Certificate Sy.No.95/12 and 95/13
06.09.2021
31. Mutation M.R.32/79-80
Extract
32. Mutation M.R.10/99-2000
Extract
33. Mutation M.R.133/2006-07
Extract
34. Mutation M.R.134/2006-07
Extract
35. Kardha Copy
36. Atlas
37. Tippani
38. Akarband
39. Index of Land
40. Village Map
41. 17.07.2000 Endorsement Issued by KIADB
42. Form 9 and Assigning Property No.895 w.r.t.
Form 11 for the SY.No.95/12 and 95/13 measuring
years 2012-13 1Acre 08 guntas each
w.r.t.
Sy.No.95/12 Property No.895/1 w.r.t.
and 95/13 SY.No.95/12 and 95/13 measuring
1Acre 08 guntas each
43. 25.03.2021. Sanction for BIAAPA has under section 17 of the
Layout Karnataka town and country
planning act, 1961 issued a
temporary sanction vide its
letter/plan bearing
No.BIAAPA/TP/LAO/23/2018-19

44. 23.03.2022 Sanction for BIAAPA has under section 17 of the


Layout Karnataka town and country
& planning act, 1961 issued a
Blue Print of temporary sanction vide its
the Approved letter/plan bearing,
Layout Plan BIAAPA/TP03/LAO/23/2018-
19/1256
45 Family Tree of
Sri.
Munichinappa
Certificate
before the
Tasildhar
46 27.06.2022 Order sheet Plaintiffs filed a memo seeking to
O.S.1651/2006 withdraw the plaint as “not
pressed”. The Hon’ble senior Civil
Hon’ble Senior
Judge allowed the memo and
Civil Judge &
permitted the plaintiffs to withdraw
JMFC,
the plaint.
Devanahalli
47 28.03.2023 Order sheet Defendant No.8/Counter claimant
O.S.1651/2006 also filed a memo seeking
withdrawal of her counter claim and
Hon’ble Senior
in view of the same the suit in
Civil Judge &
O.S.1651/2006 came to be
JMFC,
dismissed.
Devanahalli
48 10.01.2023 Form C-- The Registration of the Project,
Registration “Orange Blossom” Survey No.95/12
Certificate of and 95/13, bearing Registration No.
the Project- ACK/KA/RERA/1250/303/PR/100
RERA 123/006711.
49. MOA and AOA
of
M/s ARITHRA
PROPERTIES
PVT. LTD

Flow of title with respect to Survey Number 95/12 measuring 1 acre 08


guntas and Survey Number 95/13 measuring 1 acre 08 guntas totally
measuring 2 acres 16 guntas, situated at Avathi Village, Kasaba Hobli,
Devanahalli Taluk, Bangalore Rural district

 Originally one Smt.Madhuramma W/o Kariyappa was the absolute


owner of the larger extent of the property bearing survey number
95/12 and 95/13 measuring 3 acres 16 guntas situated at Avathi
Village, Kasaba Hobli, Devanahalli taluk, Bangalore Rural District.
One Sri.Munichinnappa was cultivating the said larger property and
taking care of Smt.Madhuramma. Smt.Madhuramma out of her love
and affection and due to the reason that she was taken care by
Sri.Munichinnappa, executed a registered will bequeathing the larger
property in favour of Sri. Munichinnappa, the said Will registered in
the office of the Sub-registrar, Devanahalli, as Document No.44/1974-
75 of Book III, Volume 22 pages between 1 to 3 dated 28.2.1975. In
the registered will it was the desire of Smt.Madhuramma that the
larger property should belong to Sri.Munichinnappa exclusively.
 Meanwhile, Sri.Munichinnappa had also filed an application before
the Land Tribunal, Devanahalli in LRF No.17/74-75 to grant the
larger property in his favour even though. Sri.Munichinnappa has
also produced the registered will executed by Smt.Madhuramma
before the Land Tribunal, Devanahalli. The Land Tribunal has
granted the larger property in favour of Sri.Munichinnappa under the
proceedings in L.R.F.17/1974-75. Form 10 is also issued on 29th
February 1980
 Thereafter the said Sri.Munichinnappa, along with his sons,
grandsons to meet the family legal necessity sold the larger property
in favour of Sri.B.B.Ramaswamy Gowda under a registered sale deed
dated 13.01.2000, registered in the office of the Sub-registrar,
Devanahalli as Document No.1718/99-2000, of Book I, Volume
No.1822 pages between 38-44 dated 28.01.2000. The possession over
the larger property was also handed over to Sri.B.B.Ramaswamy
Gowda.
 Thereafter Sri.B.B.Ramaswamy Gowda applied to the Deputy
Commissioner, Bangalore Rural District for change in use of larger
property from agricultural purposes to non-agricultural residential
purposes. The Deputy Commissioner after following due procedure
granted the requisite permission to change in use of land for non-
agricultural residential purposes to the entire extent of larger property
as per the official memorandum dated 11.09.2000 bearing
No.ALN(D)SR:1:2000-01.
 Thereafter the said Sri.B.B.Ramaswamy Gowda once again applied to
the Deputy Commissioner, Bangalore Rural District for change in use
of land from residential usage to non-residential commercial usage in
respect of twenty guntas in each survey number of the larger property.
The Deputy Commissioner issued an official memorandum bearing
No.ALN(D)SR 1/2000-01 dated 18.11.2003 and allowed to use 20
(twenty) guntas in each survey number for commercial purposes
which is facing to the main Bangalore-Bellary National Highway,
thereby retaining 1 acre 8 gutnas in each survey number as
residential property.
 Thereafter he said Sri.B.B.Ramaswamy Gowda sold the larger
property to Sri.Parasmal Dungarwal and Sri.K.L.Shivalingaiah under
two separate sale deeds dated 24.09.2004. These two sale deeds came
to be registered in the office of the Sub-Registrar, Devanahalli as
document No.DNH-1-02125-2004-05, of Book I, Stored in
C.D.No.DNHD22 and document No.DNH-1-02126-2004-05, of Book I,
Stored in C.D.No.DNHD22 respectively.
 Thereafter the Sri. G.Basavaiah S/o Late Sri. Venkateshvarulu
purchased the larger extent of the property under two separate
registered sale deeds from Sri.K.L.Shivalingaiah and Sri.Parasmal
Dungarwal dated 16.7.2018 (executed by Sri.K.L.Shivalingaiah) and
dated 10.12.2018 (executed by Sri.Parasmal Dungarwal). These sale
deeds came to be registered in the office of the Sub-registrar,
Devanahalli, as document No.DNH-1-02995-2018-19 stored in CD No.
DNHD670 dated 16.7.2018 and document No.DNH-1-08340-2018-19
stored in CD No. DNHD683 dated 11.12.2018 respectively.
 Thereafter the Avathi Panchayati after following due procedure has
transferred to katha in the name of the Sri. G.Basavaiah S/o Late Sri.
Venkateshvarulu in respect of schedule property bearing Avathi
Grama Panchayati katha No.930/895.
 Sri. G.Basavaiah S/o Late Sri. Venkateshvarulu has approached the
Bangalore International Airport Area Planning Authority (BIAAPA)
under the Karnataka town and county planning act, 1961, for
formation of residential layout of sites of different dimensions. BIAAPA
has under section 17 of the Karnataka town and country planning
act, 1961 issued a temporary sanction vide its letter/plan bearing
No.BIAAPA/TP/LAO/23/2018-19 dated 25.03.2021 and subsequently
the same stands renewed vide order dated 23.03.2022 bearing
No.BIAAPA/TP/LAO/23/2018-19 and have also issued the Approved
layout Plan.
 Sri. G.Basavaiah S/o Late Sri. Venkateshvarulu had entered into a
registered Agreement of sale with one Sri. Ramachandra, registered as
Document No.DNH-1-08340-2018-19 stored in CD No. DNHD683
Registered in the office of the Sub-Registrar, Devanahalli, the same
stands cancelled vide deed of Cancellation of the Agreement of sale
dated 10.12.2018 dated 18.12.2021, registered as Document No.DNH-
1-08480-2021-22 stored in CD No. DNHD1424 Registered in the office
of the Sub-Registrar, Devanahalli
 Sri. G.Basavaiah S/o Late Sri. Venkateshvarulu has now entered into
a registered Agreement of sale dated 18.12.2021, registered as
Document No.DNH-1-08428-2021-22 stored in CD No. DNHD1512
Registered in the office of the Sub-Registrar, Devanahalli with M/s
Arithra Properties LLP, the same is valid and subsisting, it is also seen
that Sri. G.Basavaiah S/o Late Sri. Venkateshvarulu has also entered
into an Addendum Agreement dated 06.04.2022, to the registered
Agreement of sale dated 18.12.2021 and also entered into Marketing
Agreement dated 26.05.2022 with M/s Arithra Properties LLP.
 Sri. G.Basavaiah S/o Late Sri. Venkateshvarulu has approached the
Karnataka Real Estate Regulatory Authority for the registration of the
project under section 5 of the Real Estate (Regulation & Development)
Act, 2016 and Registration Certificate of the Project came to be issued
vide the Registration of the Project, “Orange Blossom” Survey
No.95/12 and 95/13, bearing Registration
No.ACK/KA/RERA/1250/303/PR/100123/006711.
 M/s Arithra Properties LLP came to be converted as a Private limited,
Ministry of Corporate Affairs have issued certificate of incorporation

REGARDING ENDORSEMENTS/ORDERS:

 Endorsement dated 17.07.2000 issued by Special Land Acquisition


officer, KIADB stating the lands in Sy.No.95/12 and 95/13 are not
subjected to any acquisition for the formation of International Airport.
 One Sri. Muniswamappa S/o Muniyappa Seeking to set aside the
Order dated 19.06.1976 passed by the Land Tribunal in case No.LRF
17/1974-75, in Writ Proceedings in W.P.No.17843/1989, however the
same came to be dismissed thereby the said order passed by the Land
Tribunal registering Sri. Munichinnappa as the occupant becoming
final.
 One Sri. Sri. Pillathimmarayappa S/o Munichinappa filed the
proceedings in PTCL: SR (De) 37/2005-06 before the Assistant
Commissioner, Dodaballapur Sub-Division under the PTCL Act
seeking for restoration of the land, however the same cam to be
dismissed vide a detailed order dated 04.06.2008. No appeal is
preferred and therefore the said order has attained finality
 Sri. Parasmal Dungrwal and Sri. K.L.Shivalingaiah the then owners of
the Schedule property had filed a suit for permanent injunction in
O.S.534/2006 before the Civil Judge, & JMFC Devanahalli, against
the above said Sri. Pillappa, the same came to be decreed vide
judgment and decree dated 03.09.2012
 One Sri. Thimmarayappa S/o Late Munichinappa claiming to be the
son of the second wife of the original owner late Sri. Munichinappa
filed a suit for partition and separate possession w.r.t. the schedule
property in O.S.1651/2006, pending on the file of Senior Civil Judge,
Devanahalli. However, with the intervention of friends and well-
wishers the said dispute has been amicably settled where the said
legal hiers of late Sri. Munichinappa have executed a deed of
confirmation, thereby confirming the absolute title, ownership and
peaceful possession of Sri. G.Basavaiah S/o Late Sri.Venkateshvarulu
with respect to the schedule property and further have withdrawn the
suit. Accordingly, O.S.No.1651/2006 came to be dismissed by the
orders of the Hon’ble court dated 28.03.2023
SURVEY RECORDS and TRACING OF ENCUMBRANCES
 Karda, Tippany, Atlas, Akarband, Index of Land, and Village Map
which confirms the measurement, location, identity, boundary of the
Schedule property and the Encumbrance Certificates for the above
period as detailed in the list above reflect the flow of title as detailed
herein above.

CERTIFICATE OF TITLE
In view of the foregoing discussion, we are of the considered opinion that
Sri. G.Basavaiah S/o Late Sri. Venkateshvarulu is the absolute owner of
the residentially converted land Survey Number 95/12 and 95/13
measuring 1 acre 08 guntas in each survey number totally measuring 2
acres 16 guntas, situated at Avathi Village, Kasaba Hobli, Devanahalli
Taluk, Bangalore Rural district and holds clear and marketable title over the
Schedule Property.
Further in view of the existence of Registered Agreement of sale, Addendum
Agreement dated 06.04.2022 and Marketing Agreement dated 26.05.2022,
in favour of M/s Arithra Properties LLP, the said M/s Arithra Properties LLP
thereafter came to be converted to M/s Arithra Properties Pvt. Ltd., therefore
a legal interest over the Schedule property has been created in favour of M/s
Arithra Properties Pvt. Ltd.
This legal opinion has been given without any interest, direct or indirect
after verifying all the Photostat copies of the relevant papers.

ADVOCATE

You might also like