Dharani Bai C vs Yasmin Ali on 30 June, 2026

    0
    5
    ADVERTISEMENT

    Bangalore District Court

    Dharani Bai C vs Yasmin Ali on 30 June, 2026

     KABC010161542011
    
    
    
    
    Govt. of Karnataka
    Form No. 9
    (Civil) Title Sheet
    for Judgment in              TITLE SHEETS FOR THE JUDGEMENT
    Suits (R.P.91)
    
    
     IN THE COURT OF THE XVIII ADDL. CITY CIVIL &
         SESSIONS JUDGE, BENGALURU [CCH-10]
              Dated this the 30th day of June, 2026
    
                             :: PRESENT          ::
    
             Sri. Vijaya Devaraja Urs, B.Com., LL.B.,
            XVIII Addl. City Civil & Sessions Judge,
                          Bengaluru.
    
                          : : O.S. No. 4286/2011 : :
    
    PLAINTIFFS:
    
    1.     SMT. C. DHARANI BAI,
    
           SINCE DEAD BY HER LRs.
    
    2.     DR. GANESH VIJAY KUMAR
           S/O. LATE P. CHANDRASHEKAR,
           AGED ABOUT 46 YEARS,
           R/AT. BLK 210, # 02-391,
           JURANG EAST ST.21,
           SINGAPORE-600 210.
    
           REP. BY HIS SPA HOLDER
           WG. CDR G. RAVIKUMAR,
           S/O. LATE. P. CHANDRASHEKAR,
           AGED ABOUT 44 YEARS.
          JUDGMENT              2                        CCH-10
                                            O.S. NO. 4286/2011
    
    
    
    
    3.   WG. CDR G. RAVIKUMAR,
         S/O. LATE. P. CHANDRASHEKAR,
         AGED ABOUT 44 YEARS,
         R/AT ROOM NO.253,
         AIR HEADQUARTERS, (VAYU BHAVAN),
         RAFI MARG, NEW DELHI-110 106.
         CAMP AT: 19, 5TH MAIN, 9TH CROSS,
         KRISHNAPPA BLOCK, GANGANAGAR,
         BANGALORE-560 032.
    
                    (BY PLEADER SRI. N. K. K)
    
                           -   V/s   -
    
    DEFENDANTS:
    
    1.   MRS. YASMIN ALI,
         W/O. SYED HAFEEZ ALI,
         D/O. SADATHULLA MEKHRI,
         AGED ABOUT 55 YEARS.
    
    2.   MR. GANESH SHIVAKUMAR,
         S/O. LATE. P. CHANDRASHEKAR,
         AGED ABOUT 42 YEARS,
         R/AT APARTMENT NO.13, 3RD FLOOR,
         HERITAGE RESIDENCY, 1ST MAIN ROAD,
         AMBEDKAR COLONY, KAVAL BYRASANDRA,
         KASABA HOBLI, BANGALORE NORTH TALUK.
    3.   MR. KABEER ALI,
         S/O. YASMIN ALI,
         MAJOR.
    
    THE DEFENDANT NOS. 1 & 3 ARE
    RESIDING AT NO. 11, 'RAHAMAN MANSION',
    1ST CROSS, M. M. LAYOUT, R. T. NAGAR POST,
    KAVALBYRASANDRA, BANGALORE-560 032.
           JUDGMENT               3                        CCH-10
                                              O.S. NO. 4286/2011
    
    
    
    
    4.    MR. NARAYAN. B,
          S/O. S. BHADRAIAH,
          AGED ABOUT 52 YEARS,
          R/AT NO.115/202, 5TH MAIN ROAD,
          5TH CROSS, NGEF LAYOUT,
          SANJAYNAGAR, BANGALORE-560 094.
    
                [BY PLEADERS SRI. S.K.S FOR D-1,
             SRI. M.S., FOR D-2, & SRI. N.K., FOR D-3;
                      D-4 PLACED EXPARTE]
    
    DATE OF
    INSTITUTION OF           :              17-06-2011
    SUIT
                                       DECLARATION &
    NATURE OF THE
                             :             PERMANENT
    SUIT
                                          INJUNCTION
    
    DATE OF
    RECORDING OF             :              21-01-2012
    EVIDENCE
    DATE OF
    PRONOUNCEMENT            :              30-06-2026
    OF JUDGMENT
                          YEAR/S     MONTH/S        DAY/S
           TOTAL      :
         DURATION           15         00            13
    
    
    
    
                               (Vijaya Devaraja Urs)
                          XVIII Addl. City Civil & Sessions
                                 Judge, Bengaluru.
          JUDGMENT                   4                             CCH-10
                                                      O.S. NO. 4286/2011
    
    
    
    
                     : JUDGEMENT :

    :

    This suit has been filed by the plaintiffs for the relief

    of declaration that, they are the absolute owners and in

    possession of the plaint schedule property, seeking a decree

    of declaration that the purported Sale Deed dated 28-10-

    2010 alleged to have been executed by one Sri. P.

    Chandrashekar in favour of the defendant No.1, is forged,

    fabricated, non-est and illegal; and further that the

    Registered Agreement of Sale in favour of the defendant

    No. 4 dated 21-02-2015 by the defendant No.1 is also

    therefore illegal and non-est, and not binding upon the

    plaintiffs. They further sought to demolish the illegal

    temporary construction put up over the plaint schedule

    property and hand over the vacant possession of the plaint

    schedule property and costs of the suit.

    2. The plaint schedule property consists of a vacant site

    SPONSORED

    bearing No. 32, measuring East to West -12.20 meters/40

    feet, and North to South-18.29 meters/60 feet, situated at

    2nd Stage, The NTI Employees Housing Co-operative Society
    JUDGMENT 5 CCH-10
    O.S. NO. 4286/2011

    Ltd., Nagashettihalli, now comes within the jurisdiction of

    the Bruhath Bengaluru Mahanagara Palike, Ward No.

    W(100)19-13-32 having its PID No.100-13-32, which is

    morefully described as ‘plaint schedule property’ at the foot

    of the plaint and hereinafter referred to as ‘suit property’

    for short, & bounded by:

             East by             :      Site No. 31,
    
             West by             :      Site No. 33,
    
             North by            :      Site No. 25,
    
             South by            :      Road.
    
    
    

    3. The facts in brief of the plaintiffs’ case are as under :-

    3(a). The plaintiff No.1(Smt. Dharani Bai) is the

    widow of one Sri. P. Chandrashekar. The plaintiff Nos. 2, 3,

    and the defendant No.2 (Dr. Ganesh Vijay Kumar, Wing

    Commander G. Ravikumar, and, Sri. Ganesh Shivakumar)

    respectively are the sons of the plaintiff No.1 and

    Sri. P. Chandrashekar.

          JUDGMENT                  6                           CCH-10
                                                   O.S. NO. 4286/2011
    
    
    
    
          3(b).       The plaintiffs, the defendant No. 2 and
    
    

    Sri. P. Chandrashekar had been residing at No. 48, upstairs,

    Venkataraya Layout, Palace Guttahalli, Bengaluru-560 003

    till they shifted to door No. 19, 9th Cross, 5th Main,

    Krishnappa Block, Bengaluru-560 032 in the year 1979. The

    aforesaid Sri. P. Chandrashekar resided with the plaintiffs

    and the defendant No.2 at the aforesaid address i.e., door

    No. 19, 9th Cross, 5th Main, Krishnappa Block, Bengaluru-

    560 032 from 1979 till 20th February, 1999.

    3(c). The NTI Housing Co-Operative Society

    Ltd., allotted the suit property in favour of the aforesaid Sri.

    P. Chandrashekar and executed a registered Sale Deed in

    his favour on 31st January 1977. The said Sri. P.

    Chandrashekar was the absolute owner and in possession of

    the suit property till his death i.e., on 20th February,

    1999. The plaintiffs and the defendant No. 2 succeeded to

    the suit property after the death of Sri. P. Chandrashekar.

    The suit property came within the jurisdiction of BBMP in the

    year 2007. The plaintiff No. 1 had filed application before
    JUDGMENT 7 CCH-10
    O.S. NO. 4286/2011

    the authority concerned to mutate her name in the revenue

    records and the authority concerned issued Khata Certificate

    and Khata Extract on 24-01-2011 and 27-01-2011

    respectively. The Khata has been stand in the name of the

    plaintiff No. 1.

    3(d). It is averred in the plaint that, the

    plaintiffs learnt about the Khata Certificate and Khata

    Extract purportedly obtained by the unknown person

    impersonating himself to be Sri. P. Chandrashekar from B B

    M P on 25-10-2010. They have also learnt about the

    existence of Sale Deed dated 28-10-2010 purportedly

    executed by the unknown person impersonating himself to

    be Sri. P. Chandrashekar in favour of the defendant No. 1,

    Smt. Yasmin Ali.

    3(e). The plaintiffs came to know about the

    illegal and fraud committed by the defendant No. 1 when

    the relatives of the defendant No. 1 asserted title over the

    suit property on the strength of the Sale Deed dated 28-10-

    2010 and threatened the plaintiff No. 1 that the original Sale
    JUDGMENT 8 CCH-10
    O.S. NO. 4286/2011

    Deed in her possession has become useless and can be

    destroyed. Immediately, the plaintiffs approached the

    jurisdictional police and lodged First Information

    complaining the commission of offence punishable under

    Sections 468, 471, 419 and 420 of IPC on 13-0-2011. The

    jurisdictional police registered the said crime in Crime No.

    85/2011 and submitted a charge sheet before the Hon’ble

    Chief Metropolitan Magistrate, Bengaluru. The said Criminal

    case is pending for consideration.

    3(f). It is further averred that, the second

    defendant had approached The NTI Housing Co-operative

    Society Ltd., for issuance of Possession Certificate and the

    said Society issued duplicate Possession Certificate on

    28th February, 2011. It appears that, the defendant No. 2

    has been colluding with defendant No. 1 created fraudulent

    and concocted Sale Deed. The plaintiffs issued notice to the

    defendant No. 1 on 09-05-2011, but the said notice

    returned with Postal Shara ‘Unclaimed returned to sender’.

          JUDGMENT                    9                            CCH-10
                                                      O.S. NO. 4286/2011
    
    
    
    
    

    The defendant No.1 has knowledge about pending of the

    criminal case and as such, refused to receive the notice.

    3(g). It is further averred that, on a routine visit to

    the suit property on 18-02-2018, the defendant No. 1 has

    trespassed into the suit property and constructed

    unauthorized and illegal shelter in the suit property. They

    learnt that, the defendant No. 1 executed a registered

    Agreement of Sale in respect of the suit property in favour

    of the defendant No. 4 on 21-02-2015. Immediately, the

    plaintiffs approached the jurisdictional police and tried to

    lodge First Statement (complaint in common parlance) but

    the jurisdictional police refused to register the criminal case

    against the defendants. The plaintiffs have filed a complaint

    before the Hon’ble VIII ACMM, Bengaluru on 22-09-2018 for

    the offences punishable under Sections 418, 420 and 441 of

    IPC. The said complaint has been registered as PCR No.

    1056/2018 and the same is pending for consideration.

          JUDGMENT                   10                           CCH-10
                                                     O.S. NO. 4286/2011
    
    
    
    
          3(h).     According      to    the   plaintiffs,      Sri.    P.
    
    

    Chandrashekar died on 20th February 1999 and as such,

    he could not have executed the alleged Sale Deed dated

    28th October, 2010 in favour of the defendant No. 1 and

    when the plaintiffs came to know about the illegal and fraud

    committed by the defendants and when the defendant No. 1

    asserted title over the suit property on the strength of the

    above alleged Sale Deed, the plaintiffs have constrained to

    file the present suit. These are all facts said to be the cause

    of action for the suit and the same arose on 28-10-2010,

    12-04-2011, and on subsequent dates, within the

    jurisdiction of this court and accordingly, the plaintiffs have

    prayed for judgment and decree.

    4. Though, the suit summons was served on the

    defendant No .4, he remained absent before the Court and

    as such, he was placed ex-parte by this Court on 10th

    February 2022.

          JUDGMENT                 11                          CCH-10
                                                  O.S. NO. 4286/2011
    
    
    
    
    

    5. On service of summons from this court, the defendant

    Nos. 1 to 3 appeared through their respective Counsel and

    filed separate written statements.

    6. The defendant No.2 has filed the written statement

    contending that the present suit is not maintainable either in

    law or on facts and liable to be dismissed with costs.

    6(a). He has admitted in his written statement

    about the relationship averred in the plaint and also the

    acquisition of suit property by Sri. P. Chandrashekar.

    He has also admitted that, Sri. P. Chandrashekar (his

    father) died on 20th February 1999. He has also

    admitted that the defendant No. 1 with an oblique motive to

    knock off the suit property has fabricated the Sale Deed

    dated 28th October, 2010 by way of impersonation

    showing somebody as Sri. P. Chandrashekar before the Sub-

    Registrar and the Sale Deed has been obtained illegally. He

    further contends that, he being one of the legal heirs of

    aforesaid P. Chandrashekar has got equal share in the suit
    JUDGMENT 12 CCH-10
    O.S. NO. 4286/2011

    property. He has prayed to partition the suit property and

    allot his share in the interest of justice and equity.

    7. The defendant No.1 has filed detailed written

    statement denying the entire averments found in the plaint

    and called upon the plaintiffs to prove the same strictly.

    7(a). The defendant No.1 has contended in the

    written statement that Sri. P. Chandrashekar is still alive.

    The said P. Chandrashekar used to visit the defendant No.

    1’s house and had offered to sell the suit property and on

    due negotiation, said P. Chandrashekar and the defendant

    No. 2 agreed to sell the suit property for a total

    consideration of Rs. 48,00,000/- and in this regard an

    Agreement of Sale dated 30th September 2009 came into

    existence. At the time of said Agreement, an amount of

    Rs.1,00,000/- paid as advance. The plaintiff No. 1 is one of

    the attesting witnesses to the said Agreement.

          JUDGMENT                  13                           CCH-10
                                                    O.S. NO. 4286/2011
    
    
    
    
          7(b).        It is further averred that, an Additional
    
    

    Agreement of Sale dated 27th October 2010 came into

    existence and at that time, the defendant No. 1 paid

    Rs.27,00,000/- to the plaintiff No. 1 and to the said

    Chandrashekar as further earnest money. The plaintiff No. 1

    has subscribed her signature in the witness column to the

    Additional Agreement of Sale.

    7(c). It is further contended in the written

    statement that in all the documents, the name of the first

    plaintiff’s husband name shown as ‘P. Chandrashekaran S/o.

    Periasamy Mudaliar’ and whereas in the alleged Death

    Certificate it was shown as ‘Chandra Shekar P S/o. Peria

    Swamy’. The plaintiffs concocted the said Death Certificate

    trying to grab illegally the suit property. It is further averred

    that, the defendant No. 2 handed over to her a notarized

    written declaration that his father i.e., P. Chandrashekara

    himself had sold the suit property in her favour.

           JUDGMENT                14                           CCH-10
                                                   O.S. NO. 4286/2011
    
    
    
    
          7(d).       It is further contended in the written
    
    

    statement that, the defendant No. 1 is a bonafide purchaser

    for value and the suit is not maintainable either in law or on

    facts and there is no cause of action for the suit and sought

    to dismiss the suit with exemplary costs.

    8. The defendant No. 3 has filed the written statement

    and the same is in the line of the written statement filed by

    the defendant No. 1 and he has also sought to dismiss the

    suit with exemplary costs.

    9. During the pendency of this suit, the plaintiff No. 1

    died and her legal heirs are already on record as the Plaintiff

    Nos. 2 & 3, and the defendant No. 2.

    10. On the basis of the above pleadings, this Court’s

    predecessor in office has re-casted the Eleven issues (11)

    on 13th November 2024, and they are as under:

     JUDGMENT              15                                    CCH-10
                                                    O.S. NO. 4286/2011
    
    
    
    
                   ::ISSUES::
    
     Issue No. 1   :   Whether         plaintiffs      proves
                       that     suit      property        was
                       purchased by deceased P.
                       Chandra Shekhar under sale
                       deed     dt.     31.01.1977         and
                       hence           plaintiffs         have
                       become         absolute        owners
                       and possesses of the suit
                       property ?
    
    
     Issue No. 2   :   Whether         plaintiffs      proves
                       that     the     sale    deed        dt.
                       28.10.2010              was         not
                       executed          by         deceased
                       P.Chandra         Shekhar          (who
                       died     on      20.02.1999)          in
                       favour    of     defendant         no.1
                       and hence this sale deed is
                       null    and       void       and    not
                       binding upon the plaintiffs ?
    
    
     Issue No. 3   :   Whether         plaintiffs      proves
                       that the agreement of sale
                       dt. 21.02.2015 executed by
                       defendant no.1 and 3 in
                       favour of defendant no.4 is
     JUDGMENT              16                                  CCH-10
                                                  O.S. NO. 4286/2011
    
    
    
    
                       null    and      void      and       not
                       binding upon the plaintiffs ?
    
     Issue No. 4   :   Whether         plaintiffs     proves
                       that    they     are      entitle    for
                       vacant possession of the suit
                       schedule         property           from
                       defendant no.1, 3 and 4 ?
    

    Issue No. 5 : Whether plaintiff proves that
    defendant no.4 has put up
    illegal construction over the
    suit schedule property and
    hence it has to be
    demolished by way of
    mandatory injunction ?

    
     Issue No. 6   : Whether           plaintiffs     proves
                       that defendant no.1, 3 and 4
                       are liable to pay damages of
                       Rs. 20,000/- per month to
                       them     from       the      date     of
                       agreement          of      sale      dt.
                       21.02.2015 till delivery of
                       vacant    possession          of    suit
                       schedule property ?
    
     Issue No. 7   :   Whether         defendant           no.2
                       proves that he is entitle for
                       1/3rd    share       in      the    suit
     JUDGMENT               17                                CCH-10
                                                 O.S. NO. 4286/2011
    
    
    
    
                        schedule property and the
                        suit       sale        deed        dt.
                        28.10.2010 is not binding
                        upon him ?
    
     Issue No. 8    :   Whether          defendant     no.1
                        proves that she is bonafide
                        purchaser         of     the       suit
                        schedule          property         for
                        valuable consideration and
                        sale deed executed in her
                        favour     dt.    28.10.2010         is
                        valid        and           genuine
                        document ?
    
     Issue No. 9    :   Whether          defendant     no.1
                        proves that valuation of the
                        suit property and court fee
                        paid by the plaintiffs is not
                        proper and correct ?
    
    
    

    Issue No. 10 : Whether the plaintiffs are
    entitled for the relief of
    perpetual injunction as
    prayed for ?

    Issue No. 11 : What order or decree?

           JUDGMENT                     18                             CCH-10
                                                          O.S. NO. 4286/2011
    
    
    
    
    

    11. In order to prove the above issues, the third plaintiff

    has been examined as P w. 1 and in all got marked thirty-

    three documents from Ex. P-1 to P-33. One Sri. B. Shankar

    S/o. Late P. Baboo, Sri. V. Ravi Mohitay S/o. Late.

    Venkobarao Mohitay, and Sri. Vinayak D Kamath S/o. M.

    D. Kamath have been examined as P w.-2 to 4. The first

    defendant, has been examined as D w.-1 and in all got

    marked twelve documents from Ex. D-1 to D-12.

    12. Heard the Learned Counsel for the respective parties.

    This Court has perused the materials available on record.

    13. Having heard the arguments, perused the materials on record,

    the findings by this Court on the above issues are as under:-

          Issue No. 1         :   In the Affirmative,
    
          Issue No. 2         :   In the Affirmative,
    
          Issue No. 3         :   In the Affirmative,
    
          Issue No. 4         :   In the Affirmative,
    
          Issue No. 5         :   In the Affirmative,
    
          Issue No. 6         :   In the Negative,
           JUDGMENT                19                            CCH-10
                                                    O.S. NO. 4286/2011
    
    
    
    
                              Does not survive for
          Issue No.7      :   consideration,
    
          Issue No. 8     :   In the Negative,
    
          Issue No. 9     :   In the Negative,
    
          Issue No. 10    :   In the Affirmative,
    
          Issue No. 11    :   As per final order below for
                              the following...
    
                         ::REASONS::
    
    

    14. I S S U E Nos. 1, 2, & 8 : It is the specific case of

    the plaintiffs that, the plaintiff No. 1 is the widow of one

    Sri. P. Chandra Shekar and the plaintiff Nos. 2, 3, and the

    defendant No. 2 are their children. The said Sri. P Chandra

    Shekar purchased the suit property under a registered sale

    deed dated 31-01-1977 and he became the absolute owner

    of the suit property. He died intestate on 20-02-1999 and

    the plaintiffs and the defendant No. 2 succeeded to the suit

    property by way of inheritance. It is their specific case that

    an unknow person impersonating himself to be Sri. P

    Chandra Shekar executed a registered sale deed in favour of

    the defendant No. 1, Smt. Yasmin Ali on 28-10-2010 and
    JUDGMENT 20 CCH-10
    O.S. NO. 4286/2011

    the same is a fraudulent, created, concocted, illegal

    document and the same is non-est in the eye of law.

    Per contra, it is the specific contention of the

    defendant No. 1 that, Sri. P Chandrashekarn was alive as on

    28-10-2010 and he himself sold the suit property under a

    registered sale deed in her favour for a Valuable

    consideration and as such, the sale deed dated 28-10-2010

    is a valid, genuine instrument/document and she is a

    bonafide purchaser of the suit property for value.

    All these issues are inter-related and the facts are

    necessary for common discussion. A finding on one issue

    will have great bearing on other issues. Hence, all these

    issues are taken up together to avoid repetition of facts and

    for common discussion.

    14(a). In order to prove the plaintiffs’ case, the plaintiff

    No. 3 has been examined as P.w.-1 who has filed affidavit in

    lieu of examination-in-chief reiterating the averments found

    in the plaint.

          JUDGMENT                      21                               CCH-10
                                                            O.S. NO. 4286/2011
    
    
    
    
    14(b).        The learned counsel for the plaintiffs argues
    
    

    that, Sri. P Chandrashekarn was an employee of the

    National Tuberculosis Institute, Bangalore and the

    employees of the said Institution have a society by name

    ” NTI Employees’ Housing Co-operative Society Ltd.,” at

    Bangalore. Sri. P Chandrashekarn was also one of the

    members of that society. The said society purchased the

    lands in Sy. Nos. 61/1 and 60/4 of Nagasettihally and

    formed a residential layout. The said institution allotted

    sites to its members, executed the sale deeds in favour of

    its members, & later got released the sites from the

    Bangalore Development Authority. The society also issued

    possession certificates to its members by handing of the

    possession of the sites.

    14(c). The learned counsel for the plaintiffs placed

    reliance on Ex. P-2 to 6 and contends the N T I Society

    allotted the suit property in favour of Sri. P.

    Chandrashekaran on 16-09-1976 vide Ex. P-2, executed a

    registered sale deed on 31-01-1977 vide Ex. P-4,
    JUDGMENT 22 CCH-10
    O.S. NO. 4286/2011

    intimated him for having got released the suit property from

    B D A on 15-09-1977 vide Ex. P-3, issued possession

    certificate on 15-10-1978 vide Ex. P-6 and handed over

    the physical possession of the suit property. He has also

    placed reliance on Ex. P-5 to contend that Bangalore

    Development Authority issued a certificate dated

    27-06-1978 certifying that suit property stands in the

    name of Sri. P. Chandrasekharan.

    14(d). Though, the P. w.- 1 was cross examined thrice

    and at length, there is no focus on these documents. These

    documents i.e., Ex. P-2 to 6 are not controverted during the

    course of cross examination of the P. w.-1. It is not the

    case of the contesting defendants that these documents are

    concocted, created, or fabricated. In fact, contents of all

    these documents are recited in Ex. D-1, certified copy of the

    registered sale deed dated 28-10-2010 produced by the

    defendant No. 1 that too when she is claiming her title

    basing on this document. As such, the contesting

    defendants cannot dispute these documents. Without
    JUDGMENT 23 CCH-10
    O.S. NO. 4286/2011

    further discussion, this Court on the basis of the

    documentary evidence holds that, Sri. P. Chandrashekar

    was the absolute owner and in possession of the suit

    property.

    14(e). It is the specific case of the plaintiffs that, Sri. P.

    Chandrashekar died on 20-02-1999. They placed reliance on

    Ex. P-7. The Ex. P-7 is a death certificate issued by the

    BBMP, Bangalore. Name of the dead person is shown as

    “Chandra Shekar. P ” at Sl. No. 1; father’s name of the

    deceased shown as ” Periya Swamy ” at Sl. No. 2; the date

    of death is shown as ” 20/02/1999 ” at Sl. No. 4; the date of

    registration is shown as ” 26/02/1999 ” at Sl. No. 5; the

    place of death is shown as ” Bangalore Baptist Hospital ” at

    Sl. No. 7 and the permanent address of the deceased shown

    as ” 19, 5th Main, 9th Cross, Krishnappa Block, Ganganagar,

    Bangalore-32 ” at Sl. No. 8.

    14(f). As per this document/Ex. P-7 a person by name

    ” Chandra Shekar. P S/o. Peiya Swamy ” died on 20-02-

    1999 at Baptist Hospital, Bangalore and the said death was
    JUDGMENT 24 CCH-10
    O.S. NO. 4286/2011

    intimated to the authority concerned within 6 days from the

    date of death i.e., on 26-02-1999.

    14(g). Whenever death of a person takes place in the

    Hospital, the respected Doctor gives a Medical Certificate

    of Cause of Death (MCCD) and an intimation letter.

    The hospital sends this intimation directly to the local civic

    body. It appears that the Civic Body i.e., the BBMP on

    receipt of the intimation letter from the Baptist Hospital

    recorded the death of ” Chandra Shekar P ” as per Ex. P-7.

    14(h). Death certificate is a public document. It is

    admissible in court as reliable proof of the fact and date of

    death under Section 35 of the Indian Evidence Act, provided

    it is issued by an authorized statutory authority. It is

    relevant to refer Section 35 of the Indian Evidence Act

    which reads as under :

    “35. Relevancy of entry in public [record or an
    electronic record] made in performance of duty. –
    An entry in any public or other official book,
    register or [record or an electronic record] stating
    JUDGMENT 25 CCH-10
    O.S. NO. 4286/2011

    a fact in issue or relevant fact, and made by a
    public servant in the discharge of his official duty,
    or by any other person in performance of a duty
    specially enjoined by the law of the country in
    which such book, register or [record or an
    electronic record] is kept, is itself a relevant fact.”

    It is its statutory obligation to register the births and deaths

    of the persons on receipt of the information and issue

    certificate when the same is asked for by any persons.

    Admittedly, the Ex. P-7 has been issued by the competent

    Authority i.e., Bruhath Bangalore Mahanagara Palike.

    14(i). The P w.-1 denies the suggestion that during the

    lifetime of his father, there was no cordial relationship

    between the defendant No. 2 and his father. This suggestion

    cut root the case of the defendant No. 1 that, Sri. P Chandra

    Shekar is still alive. He admits the suggestion that his

    father’s name was shown as ” Chandra Shekar P ” in

    Ex. P-7. This suggestion can be had at the page No. 9 of

    P.w.-1’s deposition. This suggestion cut root the case of the

    defendant No. 1 that, the death certificate produced at
    JUDGMENT 26 CCH-10
    O.S. NO. 4286/2011

    Ex. P-7 is not of Sri. P Chandra Shekar and he was not died

    on 26-02-1999.

    14(j). The plaintiffs have examined one Sri. B. Sankar

    resident of Chennai as P.w.-2 to contend that, Sri. P.

    Chandrashekar died at Baptist Hospital, Hebbal on

    20th February 1999. He was examined on 27-09-2016.

    His affidavit in lieu of examination of chief discloses that,

    the plaintiff No. 1(widow of Sri. P Chandrashekar) is his

    maternal aunt and his uncle i.e., maternal aunt’s husband

    died at Baptist Hospital, Hebbal on 20-02-1999. He was

    subjected to cross examination. During the cross

    examination, he deposes that, the plaintiff No. 3 is his

    cousin. He denies the suggestion that his uncle is still alive.

    He further deposes that, his uncle died due to diabetic

    complications. Though, he was cross examined, even

    remotely, no suggestion was put to him that

    Sri. P Chandrashekar was not suffering from illness and he

    died at Baptist Hospital, Hebbal. His evidence to the

    effect that Sri. P Chandrashekar died at Baptiest Hospital
    JUDGMENT 27 CCH-10
    O.S. NO. 4286/2011

    corroborates the documentary evidence at Ex. P-7, death

    certificate.

    14(k). The plaintiffs have examined one Sri. V Ravi

    Mohitay aged about 52 years resident of No. 18, 2nd cross,

    Muneshwara Temple Road, Nagashetti halli, Bangalore.

    He was examined on 25-10-2016 as P w.-3. His affidavit

    in lieu of examination of chief discloses that, Sri. P

    Chandrashekar and his family members used to reside at

    No. 19, 5th Main, 9th cross, Krishnappa Block, Ganganagar,

    Bangalore-32 and he was his neighbour for 20 years. He

    also stated that P. Chandrashekar died on 20-02-1999 and

    he attended the cremation ceremony. He was subjected to

    cross examination. He affirms during the course of cross

    examination that P Chandrashekar died on 20-02-1999 and

    his last rites took place at Harishchandra Ghat. Though, this

    witness was cross-examined, even remotely, no suggestion

    was put to him that P Chandrashekar did not die on 20-02-

    1999. He has produced his Aadhar Card during the course of

    cross examination and the same has been marked as Ex. P-

           JUDGMENT                  28                       CCH-10
                                                 O.S. NO. 4286/2011
    
    
    
    
    

    22. The address mentioned in this document corresponds to

    the address mentioned in the examination-in-chief affidavit.

    An inference that can be drawn is that he is the neighbour

    of the plaintiffs’ family.

    14(l). The plaintiffs have examined one Sri. Vinayak D

    Kamath aged about 50 years. He was examined on 25-10-

    2016 as P w.-4. His affidavit in lieu of examination of chief

    discloses that, he is close friend and was a classmate of the

    plaintiff No. 3. He used to visit the plaintiff No.3’s house.

    Sri. P Chandrashekar was working at NTI as X-Ray Engineer

    and died on 20-02-199. His evidence further discloses that

    the plaintiff No. 3’s father was admitted to Baptist Hospital

    and died there on 20th February 1999 and attended the

    cremation ceremony. He denies the suggestion that Sri. P

    Chandrashekar is still alive.

    14(m). Though, the P. w.- 2 to 4 were cross examined,

    the defendant No. 1 did not establish any circumstances to

    indicate that the P. w.-2 to 4 are interested witnesses or

    planted witnesses or that there was any animosity between
    JUDGMENT 29 CCH-10
    O.S. NO. 4286/2011

    the defendant No. 1 and these three witnesses. Therefore,

    their evidence cannot be discarded.

    14(n). It is an admitted fact that Sri. P

    Chandrashekaran was an employee of National Tuberculosis

    Institute, Bangalore. It is a central government research

    center. The learned counsel for the plaintiffs submits that,

    ” The Central Pension Accounting Office Government of Inia,

    New Delhi ” used to pay pension to Sri. P Chandrashekaran

    after his retirement and placed reliance on Ex. P-29.

    14(o). The Ex. P-29 is an authorisation letter issued to

    the Manager, SBI, Bangalore to pay pension to Sri. P.

    Chandrasekaran whose PPO No. is 215459200468. It is

    dated 25-11-1992. The full form of PPO in the context of

    pensions is Pension Payment Order. It is a unique 12-digit

    reference number assigned by retirement authorities to

    every pensioner.

    14(p). The learned counsel for the plaintiffs submits

    that, ” The Central Pension Accounting Office Government of
    JUDGMENT 30 CCH-10
    O.S. NO. 4286/2011

    Inia, New Delhi ” used to pay Family pension to the plaintiff

    No. 1, Smt. C Dharani Bai after the death of her husband

    and placed reliance on Ex. P-30.

    14(q). A family pension is a fixed monthly support

    payment given by the government to dependent family

    members when an employee or retiree passes away. The

    Ex. P-30 is an authorisation letter issued to the Manager,

    SBI, Bangalore to pay Family Pension to Smt C. Dharani

    Bai whose PPO No. is 215459200468. It is dated 22-11-

    2013. The revised family pension as per 6th Central Pay

    Commission from 1-6-2006 has been given by this letter.

    An inference that can be drawn is that the 1st plaintiff had

    been drawing family pension and her family pension got

    revised as per 6th Pay Commission from 2006 onwards.

    14(r). The plaintiffs have produced Savings Bank

    Account pass book of the 1st Plaintiff, Smt. Dharanibai C at

    Ex. P-31. As per this document, the 1st plaintiff drawing

    family pension and the there is an entry to the effect dated

    29-11-2005. There is no dispute with regard to these
    JUDGMENT 31 CCH-10
    O.S. NO. 4286/2011

    three documents(Ex. P-29 to 31) during the course of cross

    examination of the P. w.-1. From all these documentary

    evidence and oral evidence, the plaintiffs are able to

    prove that, Sri. P. Chandrasekaran died on 20-02-

    1999. As such, he executing the sale deed vide Ex. D-

    1 dated 28-10-2010 does not arise at all.

    14(s) The entire dispute in this case revolves round

    Ex. D-1, the sale deed stated to have been executed by

    Sri. P. Chandrasekaran in favour of the defendant No. 1 on

    28-10-2010. The plaintiffs term the said sale deed marked

    as Ex. D-1 as an out and out forged, concocted, created,

    fabricated document. According to them, defendant No. 1,

    the persons who have attested into the sale deed, an

    unknown person and the scribe have colluded to concoct the

    sale deed as though Sri. P. Chandrasekaran has executed

    the same.

    14(t). A retiring official has to give the details to the

    employer about his date of birth, date of retirement, his

    Bank details, and present address so as to enable the
    JUDGMENT 32 CCH-10
    O.S. NO. 4286/2011

    employer to prepare pension papers and other retirement

    monitory benefits. The copy of the details containing all the

    information in Form-5 has been produced by the plaintiffs at

    Ex. P-21. The date of birth of ” Sri.. P Chandrasekar ” is

    shown as ” 02-06-1936 “. His permanent address is shown

    as ” No. 19, 9th cross, 5th main, Krishnappa block,

    Ganganagar, Bangalore “. Even in the Death Certificate

    at Ex. P-7, the address mentioned as ” No. 19, 9th cross,

    5th main, Krishnappa block, Ganganagar, Bangalore-

    32 “. These documents have not been challenged by the

    defendant No. 1 in any manner.

    14(u). If we take Date of Birth of Sri. P Chandrasekar

    as ” 02-06-1936 ” he would have 74 years in the year

    2010 but the age shown in the document i.e., in Ex. D-1,

    sale deed dated 28-10-2010, is 64 years. The address

    shown in the Ex. D-1 is ” No. 48, 1st floor, Venkataraya

    Layout, Palace Guttahalli, Bangalore-560 003″ which is

    contrary to the address of Sri. P. Chadrashekara.

          JUDGMENT                 33                           CCH-10
                                                   O.S. NO. 4286/2011
    
    
    
    
    14(v).      The P.w.-1 has produced his family photograph
    
    

    as Ex. P-19 which is taken in a marriage. He identified a

    person as his father who is sitting on the left side of the

    bridegroom. Though, the P.w-1 was cross examined, even

    remotely, no suggestion was put to him that, the person

    sitting next to the bridegroom is not of his father.

    14(w). The D. w.-1 identifies the plaintiff No. 1 in Ex. P-

    19 as Ex. P-19(b) and the defendant No. 2 in Ex. P-19 as

    Ex. P-19(c). In the Ex. P-31, original pass book of the

    plaintiff also we can see the photo of the plaintiff No. 1.

    The photo identified as Ex. P-19(b) matches with the photo

    found in Ex. P-31. The Ex. P-19 and 31 are scanned and re-

    produced herein for better appreciation of the evidence on

    record. The same runs as under :-

          JUDGMENT               34                         CCH-10
                                               O.S. NO. 4286/2011
    
    
    
    
    

    Usually parents / elder couples give pose along with bride

    and bridegroom in a marriage/marriage-reception/family
    JUDGMENT 35 CCH-10
    O.S. NO. 4286/2011

    functions. In Ex. P-19 also, the plaintiff No. 1 and her

    husband, Sri. P. Chandrasekharan gave pose to the

    photograph. When we compare the photo of Sri. P

    Chandrasekharan which is found in Ex. P-19 with the

    Ex. D-1, it is not of a same person. The photo found in

    Ex. D-1 looks of a middle-age person. Therefore, the

    contention of the defendant No. 1 that,

    Sri. P Chandrasekharan i.e., the husband of the plaintiff No.

    1 and the father of the plaintiff Nos. 2, 3, and the defendant

    No. 2 executed the sale deed vide Ex. D-1 cannot be

    acceptable. Considering the age, address and photo in the

    Ex. D-1, the contention of the learned counsel for the

    plaintiffs that, the Ex. D-1 is forged, fabricated, created,

    concocted and illegal cannot be ill-founded.

    14(x). The P.w.-1 was thrice suggested during the

    course of cross examination that his father executed the

    Ex. D-1 and the witness emphatically denied the

    suggestions.

             JUDGMENT                36                              CCH-10
                                                        O.S. NO. 4286/2011
    
    
    
    
    14(y).        It is the Contention of the defendant in the
    
    

    written statement that an agreement was entered into for

    sale suit property with Sri. P Chandrasekharan on 30th

    September 2010 and the defendant No. 1 gave him

    Rs. 1,00,000/- as earnest money and an additional

    agreement was entered into by paying Rs. 27,00,000/- as

    further earnest money on 27th October 2010. Though, the P

    w.-1 was cross examined, even remotely, no suggestion

    was put to him that, his father executed agreement of sale

    and an additional agreement of sale by receiving advance

    sale consideration amount to the tune of Rs. 28,00,000/.

    This Court has perused the documents produced/marked by

    the defendant No. 1 before the Court but no such

    agreements are available on record. Non-production of such

    vital documents/instruments give rise to an adverse

    inference Under Section 114(g) of the Evidence Act. Either it

    will have to be infer that, the defendant No. 1 has not

    entered into agreement of sale in respect of suit property

    with 1st plaintiff’s husband, Sri. P Chandrashekaran or if
    JUDGMENT 37 CCH-10
    O.S. NO. 4286/2011

    those documents are produced it will be un-favourable to

    the case/contentions of the defendant No. 1.

    14(z). The two attesting witnesses to the Ex. D-1 are

    Sri. K. Ravi Shankar and Sri. Syed Illyas Ali. The names of

    the fathers of these two witnesses are not mentioned in

    Ex. D-1. The name of the Scribe is Abdul Lateef Khan to the

    Ex. D-1 who happens to be an advocate by profession.

    None of these persons was examined before the Court to

    vouch safe the Ex. D-1. The non-examination of a material

    attesting witness by the defendant No. 1 who relies upon

    Ex. D-1 enables the court to draw an adverse inference

    U/s.114(g) of Evidence Act.

    14(aa). During the course of cross examination, the D

    w.-1 deposes that she was working for JDS Party and was

    doing social work till the death of her husband in the year

    2011. It has come in the evidence that her husband had

    three cars and he used to rent those cars to the Windsor

    Manor Hotel. It has come in her evidence that, she has four

    children. It has come in evidence that she sold her two gold
    JUDGMENT 38 CCH-10
    O.S. NO. 4286/2011

    bangles and neck chain and got Rs. 1,24,000/- but, in the

    written statement she has averred that she has given Rs.

    28,00,000/- as advance amount. How could she manage to

    get such a big amount is not forthcoming.

    14(ab). A bona fide purchaser (innocent buyer) must act

    with reasonable care to be legally protected. This means

    reviewing the title deed (ownership document) and getting a

    legal opinion to confirm the seller truly owns the asset and

    no hidden claims exist. Normally when a sale deed is

    executed all original documents of title, possession, tax paid

    receipts, allotment letter including earlier deeds, if any,

    would be handed over to the purchaser. If really,

    Sri. P Chandrashekaran had executed a sale deed vide

    Ex. D-1 and all the original documents had been handed

    over to Defendant No.1 on the date of sale i.e., 28-10-2010,

    P.w.-1 could not have been in custody of all the originals,

    Ex. P-2 to 6 & 8, allotment letter, intimation of releasing of

    site from the B D A, sale deed, BDA certificate, Possession

    certificate, and tax paid receipt respectively.

          JUDGMENT                     39                           CCH-10
                                                       O.S. NO. 4286/2011
    
    
    
    
    14(ac).      A sale deed cannot be impeached solely on the
    
    

    ground of inadequacy of consideration. It could be one of

    the grounds while attacking the genuineness of a sale deed.

    Ex. D-1 is dated 28-10-2010 and the sale consideration

    shown as Rs. 48,00,000/-. It is not in dispute that the

    defendant No. 1 executed a registered agreement of sale in

    respect of suit property in favour the defendant No. 4 on

    21-02-2015 and the sale consideration is shown as

    Rs. 1,00,00,000/-. Within a period of 4 years 4 months, the

    property value has become more than double. It means the

    sale consideration amount shown in Ex. D-1 is an imaginary

    one/Fictitious.

    14(ad). The D.w.-1 feels ignorance as to the

    suggestion that Sri. Chadrashekaran deid on 20-02-1999.

    She further feels ignorance as to the suggestion that the

    photograph on Ex. D-1 is not of Sri. P. Chandrashekaran

    and the signature and thumb impression found on Ex. D-1 is

    not of Sri. P. Chandrashekaran. It is significant to note that

    she has not denied the suggestions. It is useful to refer to a
    JUDGMENT 40 CCH-10
    O.S. NO. 4286/2011

    decision reported in A I R 1967 Supreme Court 109 in

    between Jahuri Sah and others Vs. Dwarika Prasad

    Jhunjhunwala and others to contend that the defendant

    No. 1 has no knowledge of a fact pleaded by the plaintiffs is

    not tantamount to a denial of existence of fact, not even an

    implied denial.

    14(ae). It is not in dispute that the defendant No. 1

    appeared and filed her written statement before the Court.

    She filed the written statement on 11-03-2014. She has a

    knowledge about pendency of the present suit. But she

    ventures to enter into a registered agreement of sale with

    the defendant No. 4 on 21-02-2015 vide Ex. P-27. If she

    is really bonafide purchaser, what made her to enter into

    agreement of sale within 4 to 5 years from the date of

    purchase that too when the suit is pending consideration, is

    not forthcoming. The plaintiffs are able to prove that Sri. P

    Chandrashekar purchased the suit property under a

    registered sale deed and he died intestate on 28-10-1999

    and on his death, they being the legal heirs along with the
    JUDGMENT 41 CCH-10
    O.S. NO. 4286/2011

    defendant No. 2 have become the absolute owners of the

    suit property. Since Sri. P Chandrashekar died on 28-02-

    1999, the sale deed purported to be executed by one P

    Chandrashekar in favour of the defendant No. 1 on 28-10-

    2010 is null and void and not binding on the plaintiffs. The

    defendant No. 1 failed to prove that she is a Bonafide

    purchaser and therefore, this Court answers issue Nos. 1 &

    2 in the Affirmative and issue No. 8 in the Negative.

    15. I S S U E Nos. 3 to 5, & 10 :

    It is the specific case of the plaintiffs that, though the

    defendant No. 1 has not derived any right, title, interest

    over the suit property illegally executed a registered

    agreement of sale in respect of the suit property in favour of

    the defendant No. 4 who inturn without the knowledge of

    the plaintiffs put-up an unauthorised shed in the suit

    property. The plaintiffs are able prove their ownership and

    the sale deed in favour of the defendant No. 1 is not binding

    on them vide above issues. When the defendant No. 1

    herself had no right, title and interest over the suit property,
    JUDGMENT 42 CCH-10
    O.S. NO. 4286/2011

    the defendant No. 4 cannot claim right over the suit

    property under the agreement of sale and the same is also

    non-est in the eye of law. Since, the defendant No. 4

    remained absent before the Court, the assertions of the

    plaintiffs remained un-challenged and as such, these issues

    are answered Affirmatively.

    16. I S S U E No. 6 :

    The court orders damages in the form of money to put

    the parties back in the position the parties were in before

    the bad act happened. This Court has perused the evidence

    of D w.1 and there is no focus on this aspect in the evidence

    placed on record. Herein this case, plaintiffs have not lost

    anything and as such, this issue is answered in the

    Negative.

    17. I S S U E No. 7 :

    There is no dispute that the defendant No. 2 is also one

    of the heirs of the deceased-Sri. P. Chadrashekar and after

    his death, he will also get his legitimate share. Admittedly,
    JUDGMENT 43 CCH-10
    O.S. NO. 4286/2011

    the defendant No. 2 has not come to the court by filing

    partition suit and paid any court fee. In fact, he has not

    contested the suit and as such, this issue is answered

    accordingly.

    18. I S S U E No. 9 : Though, the defendant No. 1 has

    taken up clear stand that, the suit is not properly valued

    and the Court Fee paid is insufficient, the same has not

    been amplified in any manner. This Court has perused the

    evidence of the plaintiffs’ and the defendants’ side. There is

    no focus on this aspect in the evidence placed on record.

    Admittedly, the suit has been valued under Sec.24(a), 26(c)

    and Section 38 of the Karnataka Court Fee and suits

    Valuation Act, 1958. The market value of the suit property

    shown as Rs. 48,00,000/-(consideration amount shown in

    the sale deed vide Ex. D-1) and the Court fee of

    Rs. 197,125 + 25 is paid. They have paid fixed Court fee on

    the relief of declaration, recovery of possession, permanent

    injunction and mandatory injunction.

          JUDGMENT               44                          CCH-10
                                                O.S. NO. 4286/2011
    
    
    
    
    18(a).     Under Section 24(a) of the Karnataka Court-
    
    

    Fees and Suits Valuation Act, 1958, when a plaintiff files

    a suit for a declaratory decree that includes a request to

    recover possession of the property, the court fee must

    be paid based on either the market value of the property

    or ₹1,000, whichever amount is higher. Admittedly the

    suit has been valued under section 24(a) of the

    Karnataka Court Fee and Suit Valuation Act, 1958.

    The said provision is extracted below :-

    24. Suits for declaration. – In a suit for a
    declaratory decree or order, whether with or
    without consequential relief, not falling under
    section 25,-

    (a) where the prayer is for a declaration and for
    possession of the property to which the declaration
    relates, fee shall be computed on the market value
    of the property or on 1 [rupees one thousand] ,
    whichever is higher;

    18(b). The court fee for a suit for declaration and

    recovery of possession is an ad valorem fee computed
    JUDGMENT 45 CCH-10
    O.S. NO. 4286/2011

    on the market value of the property. The relevant

    article is extracted below-

    
    
    
    
                                    SCHEDULE I
                                   Ad valorem fee
     Article             Particulars                 Proper Fee
      (1)                    (2)                        (3)
    1.      Plaint,    written    statement   pleading    a    set   off   or
    

    counterclaim or memorandum of appeal presented to any
    court. When the amount or value of the subject matter in
    dispute,–

    (xii) exceeding rupees Rupees 1,77,125 plus 2½
    40,00,000 but per centum of the amount
    not exceeding exceeding rupees 40,00,000
    rupees 50,00,000

    As per Article 1(xii) of the Schedule I of the Karnataka

    Court Fee and Suit Valuation Act, if the market value of

    the property exceeding rupees 40,00,000 but not

    exceeding rupees 50,00,000, the Court fee is

    ₹ 1,77,125/- plus 2 ½ percentum of the amount

    exceeding rupees 40,00,000/- i.e.,:-

    For                   ₹      Court fee would              1,77,125/-
    40,00,000/-                  be
           JUDGMENT                 46                            CCH-10
                                                     O.S. NO. 4286/2011
    
    
    
    
    For              ₹   8,00,000 X 2.5                  20,000/-
    8,00,000/-                100
    
    
               Total amount                         1,97,125/-
    
    
    
    18(c).       This Court has perused the valuation and
    
    

    the court fee paid on the plaint to the tune of

    ₹ 197,150/-. Which is as per the above stated

    provision. Nothing has been placed on record to doubt

    the valuation made in the valuation slip. This Court

    does not find any reasons to disbelieve the value

    arrived at by the plaintiffs and consequential Court Fee

    of ₹ 197,150/-paid by them. Accordingly, this Court

    answers this issue in the Negative holding that the suit

    is properly valued and Court fee paid is correct.

    19. I S S U E No. 11 : In view of the above findings, this

    Court proceeds to pass the following :-

    ::ORDER::

     JUDGMENT                  47                               CCH-10
                                                   O.S. NO. 4286/2011
    
    
    
    
    

    The suit of the plaintiffs is decreed with
    costs.

    The defendants are directed to demolish
    unauthorized construction put up in the suit
    property and hand over the vacant possession
    to the plaintiffs within 90 days from today. In
    the event the defendants not complied with
    the directions, the plaintiffs are at liberty to
    get the illegal construction demolished at the
    costs of the defendant Nos. 1, 3 & 4
    preferably by getting a competent Engineer
    appointed to that effect.

    It is further ordered that the Sale Deed
    No. HBB-1-01816-2010-11 dated 28-10-2010
    on the file of the office of the Sub-Registrar,
    Hebbala, Bangalore and Agreement of Sale
    Deed No. BYP-1-05085/2014-15 dated 21-02-
    2015 on the file of the office of the Sub-
    Registrar, Byatarayanapura, Bangalore do not
    bind the plaintiffs and consequentially invalid.
    Send a copy of the decree to the office of the
    Sub-registrars, Hebbala as well as
    Byatarayanapura, Bangalore under section
    31(2)
    of the specific Relief Act, 1963.

    Draw decree accordingly.

          JUDGMENT                    48                             CCH-10
                                                        O.S. NO. 4286/2011
    
    
    
    
    

    (Dictated to the Stenographer directly on the Computer, Computerized
    by her, corrected and then pronounced in the open court on this 30th
    day of June, 2026)

    (Vijaya Devaraja Urs)
    XVIII Addl. City Civil & Sessions Judge,
    Bengaluru
    ::ANNEXURES::

    1 LIST OF WITNESSES EXAMINED ON BEHALF OF
    PLAINTIFFS :-

         P w.-1           :   Wg. Cdr G. Ravikumar,
    
         P w.-2           :   Sri. B. Sankar,
    
         P w.-3           :   Sri. V. Ravi Mohitay,
    
         P w.-4           :   Sri. Vinayak D Kamath
    
    2.   LIST OF EXHIBITS             MARKED       ON    BEHALF        OF
         PLAINTIFFS :-
    
         Ex. P-1          :   Notarized copy of Special Power
                              of Attorney dt. 12-04-2011,
    
         Ex. P-2          :   Original allotment letter issued by
                              NTI Employees' Housing Co-
    

    operative Society Ltd., Bengaluru
    dt. 16-09-1976,

    Ex. P-3 : Release of site issued by NTI
    Employees’ Housing Co-operative
    Ltd., in favour of plaintiff’s father,
    JUDGMENT 49 CCH-10
    O.S. NO. 4286/2011

    Ex. P-4 : Original Sale Deed dt. 31-01-77
    issued by NTI Employees’ Housing
    Co-operative Ltd.,

    Ex. P-5 : Khata Certificate,

    Ex. P-6 : Possession Certificate dt.15-10-

    1978 issued by NTI Employees’
    Housing Co-operative Ltd.,

    Ex. P-6(a) Signature of plaintiff’s father,

    Ex. P-7 : Death Certificate of plaintiff’s
    father,

    Ex. P-8 : Tax Paid Receipt,

    Ex. P-9 : Legal Notice dt. 05-05-2011,

    Ex. P-10 : RPAD Cover,

    Ex. P-11 : Uttar Patra dtd. 24-01-2011,

    Ex. P-12 : Khata Certificate dt.27-01-2011,

    Ex. P-13 : Khata Extract,

    Ex. P-14 : Sale Deed dt. 28-10-2010 in
    favour of the defendant,

    Ex. P-15 : Certified Copy of Sale Deed dt. 31-
    01-1977,

    Ex. P-16 : Encumbrance Certificate,

    Ex. P-17 : The Police Complaint filed before
    Hebbala Police dtd. 12.04.2011,

    Ex. P-18 : Certified Copy of FIR in respect of
    Ex.P-17,
    JUDGMENT 50 CCH-10
    O.S. NO. 4286/2011

    Ex. P-19 & : Family photograph with Compact
    19(a) Disc,

    Ex. P-21 : Certified Copy of Form No.5 issued
    by National T. B. Institute,
    Bengaluru.

         Ex. P-22     :   Aadhar card of P w.3,
    
         Ex. P-23     :   Police Complaint dt. 23-02-2018,
    
         Ex. P-24     :   Police Acknowledgement,
    
         Ex. P-25     :   Certified  Copy         of      police
                          Endorsement,
    
         Ex. P-26     :   Certified Copy of Endorsement
                          Certificate dt. 14-09-2018,
    
         Ex. P-27     :   Certified Copy of the sale agreement
                          dt. 21-02-2015,
    
         Ex. P-28     :   Covering letter issued by Sub-
    

    Registrar along with sale deed and its
    enclousers,

    Ex. P-29 & : Pension documents,
    30

    Ex. P-31 : Original Passbook,

    Ex. P-32 : Letter dt. 08-01-2020 issued by
    SBI,

    Ex. P-33 : Certified Copy of the judgment in
    O.S. No.642/2020 dt. 02-05-2025.

    3. LIST OF WITNESSES EXAMINED ON BEHALF OF
    DEFENDANT/S :-

          JUDGMENT                     51                                 CCH-10
                                                             O.S. NO. 4286/2011
    
    
    
    
         D.w.-1           :     Sri. Yasmin Ali.
    
    4.   LIST OF EXHIBITS             MARKED            ON    BEHALF         OF
         DEFENDANT/S :-
    
         Ex. D-1      :       Certified copy of Sale Deed dt. 28-
                              10-2010,
    
         Ex. D-2      :       Khata Extract,
    
         Ex. D-3      :       Tax Paid Receipt,
    
         Ex. D-4      :       Certified Copy of letter dt. 02-05-
                              2011,
    
         Ex. D-5      :       Covering letter issued by Public
                              Information Officer,
    
         Ex. D-6      :       Attested copy of Khata Application,
    
         Ex. D-7      :       Attested copy of Uttar Pathra,
    
         Ex. D-8      :       Attested copy of Death Certificate,
    
         Ex. D-8(a)   :       Name of the deceased plaintiff,
    
         Ex. D-9      :       Attested copy        of    Affidavit      of
                              Dharani Bai,
    
         Ex. D-10     :       Attested copy of           Affidavit      of
                              Ganesh Shivakumar,
    
         Ex. D-11     :       Aadhaar Card of D w.1,
    
         Ex. D-12     :       Certified copy judgment in C. C.
                              No.9818/2014.
     JUDGMENT        52                         CCH-10
                                   O.S. NO. 4286/2011
    
    
    
    
                  (Vijaya Devaraja Urs)
               XVIII Addl. City Civil & Sessions
                      Judge, Bengaluru
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here