Sri M Prakash vs Sri Praveen Kumar A on 18 March, 2026

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    Karnataka High Court

    Sri M Prakash vs Sri Praveen Kumar A on 18 March, 2026

                                  -1-
                                        RFA No. 1783 of 2021
    
    
    
    RESERVED ON : 04.03.2026
                                                               R
    PRONOUNCED ON: 18.03.2026
    
    
         IN THE HIGH COURT OF KARNATAKA AT BENGALURU
    
            DATED THIS THE 18TH DAY OF MARCH, 2026
    
                             PRESENT
           THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
                               AND
               THE HON'BLE MR. JUSTICE T.M.NADAF
     REGULAR FIRST APPEAL NO. 1783 OF 2021 (DEC/INJ)
    BETWEEN:
    
    SRI M PRAKASH
    S/O LATE MARIYAPPPA,
    AGED 51 YEARS,
    R/AT NO 154, 6TH MAIN,
    6TH PHASE, 1ST STAGE,
    WEST OF CHORD ROAD,
    MAHAGANPATHINAGAR,
    BASAVESHWARA NAGAR,
    BENGALURU - 560 010.
                                                ...APPELLANT
    (BY SRI.SUNIL.K.N., ADVOCATE FOR
         SRI.RAMESH.K.R., ADVOCATE)
    
    AND:
    
    1.    SRI PRAVEEN KUMAR A
          S/O ARAKESH BASKARACHAR,
          AGED 30 YEARS,
          R/AT NO 37, ARUNODAYA,
          7TH CROSS, 7TH MAIN,
          NEAR SWIMMING POOL,
          VIJAYANAGAR,
          BENGALURU - 560 040.
    
    2.    SRI PUNEETH KUMAR K R
          S/O PRASANNA,
                                  -2-
                                               RFA No. 1783 of 2021
    
    
    
        AGED 30 YEARS,
        R/AT NO 63, 3RD MAIN,
        3RD A CROSS, SVC NAGAR,
        MUDALAPALYA,
        BENGALURU - 560 072.
                                                    ...RESPONDENTS
    (V/O/D 11.09.2023 - HELD SUFFICIENT)
    
         THIS RFA IS FILED UNDER SEC. 96 OF CPC., AGAINST
    THE JUDGMENT AND DECREE DATED 23.07.2021 PASSED IN
    OS.NO. 8005/2019       ON THE FILE OF THE XVII ADDITIONAL
    CITY CIVIL AND SESSIONS JUDGE, AT BENGALURU CITY,
    (CCH.NO.18) DISMISSING THE SUIT FOR DECLARATION AND
    INJUNCTION.
    
         THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR
    JUDGMENT, COMING ON FOR PRONOUNCEMENT THIS DAY,
    JUDGMENT IS DELIVERED/ PRONOUNCED AS UNDER:
    
    CORAM:    HON'BLE MRS. JUSTICE ANU SIVARAMAN
              and
              HON'BLE MR. JUSTICE T.M.NADAF
    
    
                           CAV JUDGMENT
    

    (PER: HON’BLE MR. JUSTICE T.M.NADAF)

    The plaintiff is in appeal under Section 96 of the

    SPONSORED

    Code of Civil Procedure before us calling in question the

    Judgment and Decree dated 23.07.2021 in

    O.S.No.8005/2019 passed by the XVII Addl. City Civil and

    Sessions Judge, Bengaluru City (CCH-18) (for short ‘the

    Trial Court’).

    -3-

    RFA No. 1783 of 2021

    2. The Trial Court by the impugned Judgment and

    decree dismissed the suit filed by the plaintiff for the relief

    of declaration and injunction.

    3. The parties are referred to as per their ranking

    before the Trial Court.

    4. The brief factual matrix leading to filing of this

    appeal are as under:

    The plaintiff filed a suit before the Trial Court for the

    following reliefs:

    a) Pass a judgment and decree, declaring that
    the sale deeds (1) dated 5.4.2018,
    registered in the office of the Sub-

    Registrar, Vijaynagar, Bengaluru, as
    DOCUMENT No.VJN-1-00151-2018-19, (2)
    sale deed dated 7.12.2018 registered in the
    office of the Sub-Registrar, Vijaynagar,
    Bengaluru, as DOCUMENT No.VJN-1-

               009466/2018-19,              (3)    sale    deed       dated
               4.6.2018         which        was       registered        as
               DOCUMENT                 No.VJN-1-02139-2018-19
               registered       in    the     office      of    the   Sub-
    

    Registrar, Vijayanagar, Bengaluru and (4)
    -4-
    RFA No. 1783 of 2021

    sale deed dated 16.08.2018 which is
    registered in the office of the Sub-

              Registrar,        Vijayanagar,         Bengaluru       as
              Document                 No.VJN-1-05165-2018-19,
    

    executed in the name of the plaintiff in
    favor of the name of the defendant 1 and 2
    respectively are null and void and they are
    not binding on the plaintiff and the
    schedule property belonging to the plaintiff.

    b) Pass a judgment and decree of permanent
    injunction restraining the defendants or
    their agents, henchmen or anybody
    claiming under them from interfering with
    the plaintiff’s possession and enjoyment of
    the schedule property.

    c) Grant such other relief or reliefs as this
    Hon’ble Court deems it fit under the facts
    and circumstances of the case in the ends
    of justice.

    5. The plaintiff claims that he is the absolute

    owner of residential apartment bearing No.SF 001 (duplex

    house) on the eastern portion of the 2 nd floor of the

    building constructed on the property bearing site No.20,

    existing Municipal No.20, PID No.38-1-20, 1st Main Road,

    Garden Villas Chalukyanagar, Nagarabhavi, Bengaluru –
    -5-
    RFA No. 1783 of 2021

    560 072, BBMP old ward No.38, New Ward No.128 which

    is more fully described as suit schedule property.

    6. He further claims that he has purchased the suit

    schedule property under registered sale deed dated

    21.10.2015 bearing Document No.NGB-1-05421-2015-16

    stored in CD No.NGBD 288 dated 21.10.2015 in the office

    of the Sub-Registrar Rajajinagar, (Nagarabhavi),

    Bengaluru executed by one N.Shanmugam.

    7. He further claims that defendant No.1 herein

    approached the plaintiff to purchase the suit schedule

    property, which the plaintiff was intended to sell.

    Negotiations were held, wherein the sale consideration

    was negotiated to Rs.1,10,00,000/- (Rupees One Crore

    Ten Lakhs only). On 16.01.2018, the plaintiff executed an

    agreement of sale agreeing to sell the suit schedule

    property in favor of defendant No.1, for sale consideration

    supra and received an advance of Rs.1,00,000/- and it

    was agreed between the parties that the sale process has

    to be completed within three months.

    -6-

    RFA No. 1783 of 2021

    8. It is further claimed that defendant No.1 at the

    time of agreement of sale requested the plaintiff to

    provide copy of his PAN Card, copy of the sale deed, so

    also the copy of the Khatha certificate stating that he has

    to submit those documents to his banker to obtain the

    loan to purchase the schedule property. The plaintiff in

    good faith on defendant No.1 had given documents sought

    by him. Thereafter, defendant No.1 did not turn up for

    more than 1½ years from the date of agreement.

    9. The plaintiff further claims that behind his back,

    defendant No.1 got executed two registered sale deeds in

    his favor through a fictitious person impersonating him.

    One sale deed is dated 05.04.2018 registered in the office

    of the Sub-Registrar, Vijayanagar, Bengaluru as Document

    No.VJN-1-00151-2018-19 and another sale deed is dated

    07.12.2018 registered in the office of the Sub-Registrar,

    Vijayanagar, Bengaluru as Document No.VJN-1-

    09466/2018-19.

    10. In the first sale deed, the apartment number is

    mentioned as S-01 and in the second sale deed, it is
    -7-
    RFA No. 1783 of 2021

    mentioned as S-005 and all other remaining particulars

    are the same. The plaintiff further claims that he never

    executed any sale deed, much less the sale deed stated

    supra in favor of defendant No.1 and the sale deeds are

    creature of impersonation.

    11. In the first sale deed, the consideration was

    shown as Rs.1,10,00,000/- and in the second sale deed, it

    was shown as Rs.86,00,000/-. He further claims that

    defendant No.1 has created the aforesaid two sale deeds

    in his name by impersonating and forging his signatures

    with a malafide intention to make unjust enrichment.

    12. He further claims that defendant No.2 is the

    friend of plaintiff and are well known to each other.

    However, this defendant No.2 is also in collusion with

    defendant No.1 and created two more sale deeds, one is

    dated 04.06.2018 which was registered as Document

    No.VJN-1-02139-2018-19, in the office of the Sub-

    Registrar, Vijayanagar, Bengaluru and another sale deed

    dated 16.08.2018 which was registered as Document

    No.VJN-1-05165-2018-19, in the office of the Sub-
    -8-
    RFA No. 1783 of 2021

    Registrar, Vijayanagar, Bengaluru, by impersonating the

    plaintiff and forging his signatures. In the sale deed dated

    04.06.2018, the apartment number is shown as ST-005

    old number ST-001 and in another sale dated 16.08.2018,

    it is shown as ST-001. He further claims that, both the

    defendants in active collusion, with the aid of some

    fictitious persons, created these four sale deeds in the

    name of the plaintiff by impersonating and forging his

    signature and thumb impression without his knowledge.

    He further claims that the photographs shown in the

    subsequent sale deeds differ from that of the photographs

    of the original sale deed, so also the signatures and the

    thumb impression.

    13. He further claims that when the matter stood

    thus, the vendor of the plaintiff approached him to resell

    the property in his favour. At that point of time, when the

    plaintiff obtained Encumbrance Certificate relating to the

    suit schedule property from the office of the concerned

    Sub-Registrar, he found four sale deeds stated supra said

    to have been executed by him in favor of defendants
    -9-
    RFA No. 1783 of 2021

    entered in the E.C. The plaintiff thereafter, obtained

    certified copies of the four sale deeds and on verification

    came to know about the fraud played by defendants.

    Thereafter, the plaintiff lodged a complaint with the

    jurisdictional Chandra Layout Police on 30.06.2019. The

    police upon the complaint, registered Crime No.121/2019

    on 09.07.2019 for offences punishable under Sections 34,

    120B, 419, 420, 468 and 471 IPC and arrested defendant

    No.1, however defendant No.2 was absconding. The

    investigation was under progress as on the date of filing of

    the suit.

    14. The plaintiff further submits that the defendants

    taking undue advantage of the above four sale deeds may

    come and interfere with his possession and enjoyment of

    suit schedule property through some other third party, as

    he came to know that some third party has started

    enquiring about the suit schedule property at the instance

    of the defendants. Accordingly, he filed the suit for the

    aforesaid reliefs.

    – 10 –

    RFA No. 1783 of 2021

    15. Upon registration of the suit in

    O.S.No.8005/2019, the Trial Court issued notice. The

    defendants despite service of notice, did not appear,

    accordingly, they were placed ex-parte. The Trial Court

    thereafter framed 5 point for consideration, which reads as

    under:

    CA±À 1:- ªÁ¢, ¥ÀæwªÁ¢ 1 EªÀjUÉ ¢£ÁAPÀ: 05-04-2018
    ªÀÄvÀÄÛ 07-12-2018 gÀAzÀÄ ¥ÀæwªÁ¢ 2 gÀªj
    À UÉ ¢£ÁAPÀ:

    04-06-2018 ªÀÄvÀÄÛ 16-08-2018 gÀAzÀÄ ªÀiÁrzÀAvÀºÀ
    PÀæAiÀÄ ¥ÀvÀæ ªÁ¢UÉ §zÀÞ ¥Àr¸ÀĪÀÅ¢®èªÉAzÀÄ gÀÄdĪÁvÀÄ
    ¥Àr¸ÀĪÀgÉÃ?

    CA±À 2:- ªÁ¢ ªÀiÁ£Àå £ÁåAiÀÄ®AiÀÄPÉÌ PÀ£ÁðlPÀ £ÁåAiÀiÁ®AiÀÄ
    ±ÀÄ®Ì PÀ®A 38(1) gÀ Cr ¸ÀªÀÄ¥ÀðPÀªÁzÀAvÀºÀ ±ÀÄ®Ì
    vÀÄA©gÀÄvÉÛÃªÉ CAvÀ gÀÄdĪÁvÀÄ ¥Àr¸ÀĪÀgÉÃ?
    CA±À 3:- ªÁ¢AiÀÄ zÁªÁ C£ÀĸÀÆa D¹ÛUÉ ¥ÀæwªÁ¢AiÀÄgÀÄ
    vÉÆAzÀgÉ ¤ÃrgÀÄvÁÛgÉAzÀÄ gÀÄdĪÁvÀÄ ¥Àr¸ÀĪÀgÉÃ?
    CA±À 4:- ªÁ¢ vÀ£Àß ªÁzÀ ¥ÀvÀæzÀ°è «£ÀAw¹zÀ ¥ÀjºÁgÀ
    ¥ÀqÉAiÀÄ®Ä CºÀðjgÀÄvÁÛ£ÉAzÀÄ gÀÄdĪÁvÀÄ ¥Àr¸ÀĪÀgÉÃ?
    CA±À 5:- AiÀiÁªÀ DzÉñÀ CxÀªÁ rQæ?

    (Kannada Version, as it is in the
    Judgment in Vernacular language)

    Issue No.1:- Whether the Plaintiff proves that the
    sale deeds executed in favor of Defendant
    No.1 on dated: 05-04-2018 and 07-12-2018,

    – 11 –

    RFA No. 1783 of 2021

    and in favor of Defendant No.2 on dated: 04-
    06-2018 and 16-08-2018, are not binding
    upon the plaintiff?

    Issue No.2:- Whether the plaintiff proves that the
    proper Court Fee has been paid to the Hon’ble
    Court under Section 38(1) of the Karnataka
    Court Fees and Suit Valuation Act?
    Issue No.3:- Whether the plaintiff proves that the
    Defendants have caused interference/
    obstruction to the plaintiff’s possession and
    enjoyment of the suit schedule property?
    Issue No.4:- Whether the plaintiff proves that he is
    entitled to the reliefs as prayed for in the
    plaint?

    Issue No.5:- What Order or Decree?

    (English translation, as provided by learned
    counsel for the appellant)

    16. The plaintiff in order to substantiate his claim,

    examined himself as PW-1 and produced 16 documents,

    marked as Ex.P1 to Ex.P16 and closed his side. Among the

    said documents, Ex.P1 is the original sale deed executed

    in favor of the plaintiff by M.Shanmugam and the other

    four sale deeds which were marked as Ex.P5, P6, P7 and

    P8 are the fictitious sale deeds as per the plaintiff.

    – 12 –

    RFA No. 1783 of 2021

    17. The Trial Court after hearing the plaintiff

    proceeded to record that the plaintiff has failed to prove

    his case on his own and further held that he has not paid

    appropriate Court fee as per Point No.2. As such, held that

    the suit is not maintainable and further stated that the

    judgment relied on by the plaintiff in AIR 2010 SC 2807

    is not applicable as the facts in the case on hand are

    different from the case in said judgment and proceeded to

    dismiss the suit on all points. It is this Judgment and

    Decree of the Trial Court is called in question in this

    appeal.

    18. Heard Sri.Sunil.K.N, learned counsel for

    Sri.Ramesh.K.R, appearing for the appellant. Vide order

    dated 11.09.2023 – notice to the respondents is held

    sufficient.

    19. Sri.Sunil.K.N, on short point submits that the

    reason of the Trial Court to non-suit the plaintiff on all the

    aspects are stated at Paragraph No.16, wherein the Trial

    Court has held that in order to establish that a document

    is genuine, the disputed signature has to be obtained and

    – 13 –

    RFA No. 1783 of 2021

    sent to the hand writing expert and only after securing the

    information of the hand writing expert clarifying that the

    document is genuine or not, the Court can consider the

    said document, however, the plaintiff has not made any

    such attempt to send the documents for handwriting

    expert. In these circumstances, the Trial Court held that in

    the absence of any attempt by the plaintiff to seek for

    hand writing expert opinion, the Court cannot come to a

    conclusion that the documents produced at Ex.P5 to Ex.P8

    are created documents. On the basis of the same, the Trial

    Court proceeded to hold that since the plaintiff has failed

    to prove his case, the absence of the defendants will not

    enure to the benefit of the plaintiff to accept his pleadings

    and evidence and proceeded to dismiss the suit.

    20. Learned counsel further submits that a perusal

    of the documents at Ex.P5 to P8 when compared with

    Ex.P1 – the original sale deed, differs with respect to

    photographs, so also there is a difference in signature and

    thumb impression which are clearly visible even to the

    naked eye. The Trial Court has failed to consider this

    – 14 –

    RFA No. 1783 of 2021

    aspect of the matter and in a haste, formed an opinion

    against the plaintiff and dismissed the suit, which is

    erroneous and unsustainable in law. Accordingly, he

    sought to allow the appeal and decree the suit as prayed

    for.

    21. Having considered the submissions, we have

    perused the entire appeal paper as well as the Trial Court

    record.

    22. As rightly contented by learned counsel

    appearing for the appellant, a perusal of Ex.P1, the

    original sale deed wherein the photograph of the plaintiff is

    found along with the signature marked as Ex.P1(a) and

    (b), as well as the thumb impression, manifestly differs

    with the photograph, thumb impression and signature of

    the person found in Ex.P5 to Ex.P8, and the same are

    clearly visible to the naked eye. The Trial Court has failed

    to consider this aspect of the matter. Even the signature

    found in each page in Ex.P5 to P8 differs to one another on

    each page. This clearly shows that the plaintiff has been

    impersonated and by forging his signature and thumb

    – 15 –

    RFA No. 1783 of 2021

    impression, the documents at Ex.P5 to Ex.P8 came into

    existence.

    23. The finding of the Trial Court at Paragraph

    No.16 is erroneous. The Trial Court has held that the

    plaintiff has not sought for sending the document for

    handwriting expert in order to ascertain the genuineness

    of the document. The Trial Court failed to consider Section

    73 of the Evidence Act.

    24. Section 73 of the Indian Evidence Act, 1872

    enjoins the power on the Court to compare the signature

    in admitted or proved documents to verify the

    genuineness of the document in dispute, however, the

    Court is guarded with extreme caution while comparing

    the said signature/seal/writing with the admitted

    documents.

    25. For easy reference, we extract Section 73 of the

    Indian Evidence Act, which reads as under:

    73. COMPARISON OF SIGNATURE,
    WRITING OR SEAL WITH OTHERS ADMITTED OR
    PROVED. – In order to ascertain whether a signature,
    writing or seal is that of the person by whom it purports

    – 16 –

    RFA No. 1783 of 2021

    to have been written or made, any signature, writing or
    seal admitted or proved to the satisfaction of the Court
    to have been written or made by that person may be
    compared with the one which is to be proved, although
    that signature, writing or seal has not been produced or
    proved for any other purpose.

    The Court may direct any person present in Court
    to write any words or figures for the purpose of enabling
    the Court to compare the words or figures so written
    with any words or figures alleged to have been written
    by such person.

    26. Under the said provision, the Court is

    empowered to compare signature/ handwriting on the

    admitted and proved document and the signature and

    thumb impression found on the other document, which is

    disputed. The Trial Court has failed to compare the

    photographs, thumb impression as well as signature

    available in Ex.P1 which is admitted and the other

    photographs, thumb impression and signature found in

    Ex.P5 to P8 which are disputed, manifestly differs with the

    original and admitted photograph, thumb impression and

    signature. Even with the naked eye, the signatures found

    in each page of Ex.P5 to P8 clearly shows that they are

    forged one and have no similarities with one another. Even

    the thumb impressions found in Ex.P.1 on one side and

    – 17 –

    RFA No. 1783 of 2021

    found in Ex.P5 to P8 on the other, are not matching with

    one another. In these circumstances, the finding of the

    Trial Court especially at Paragraph No.16 is erroneous and

    which is the main reason for non-suiting the plaintiff.

    27. This Court as well as the Hon’ble Apex Court in

    catena of judgments held that it may not be necessary for

    the Court in every case to send the documents to experts

    if the tampering and/or alteration is obvious on the face of

    the documents.

    28. Our view gains strength from the recent

    judgment of the Hon’ble Apex Court in the case of SYED

    BASHEER AHMED VS. M/S TINNI LABORATORIES

    PRIVATE LIMITED AND ANOTHER reported in 2025

    INSC 1030 (reportable judgment). In the Judgment, the

    Hon’ble Apex Court ruled that the Courts are not obliged in

    every case to refer the documents to experts and secure

    the expertise opinion, when the tampering and alteration

    is obvious on the face of the documents.

    – 18 –

    RFA No. 1783 of 2021

    29. In the case before the Hon’ble Apex Court, the

    appeal was preferred by the party against the judgment of

    the High Court wherein the High Court while reversing the

    judgment of the trial Court has held that there is clear

    alteration insofar as recital with respect to item No.2 in the

    agreement which is the base for the claim of the plaintiff,

    relying on the judgment of the Hon’ble Apex Court in

    SETH LOONKARAN SETHIYA VS. MR. IVAN E.JOHN

    AND OTHERS reported in (1977) 1 SCC 379.

    30. The Hon’ble Apex Court having found that the

    judgment of the High Court is based on the sound legal

    principle, as the High Court found that the alterations is

    clearly discernible, held that no case is made out to

    interfere with the judgment of the High Court and rejected

    the appeal.

    31. Before adverting to exercise power conferred

    under Section 73 of the Indian Evidence Act, 1872, on the

    available record as the disputed records are the photo

    copies of the originals, we have directed Sri.Mohammed

    Jaffar Shah., learned Additional Government Advocate to

    – 19 –

    RFA No. 1783 of 2021

    secure the records under the custody of the concerned

    Sub-Registrar to verify with Ex.P1, wherein the

    photograph, signature and thumb impression of the

    appellant is admitted and proved.

    32. Sri.Jaffar Shah., learned AGA upon direction

    intimated the Sub-Registrar, Vijayanagar to submit the

    legible photocopies as well as C.D, wherein the documents

    are recorded. The office of the Sub-Registrar, Vijayanagar

    furnished the legible photocopies of the Ex.P5 to P8 as well

    as the document secured in the C.D in their office.

    33. We have gone through the documents secured

    in the Compact Disc and compared the same with that of

    original Ex.P1 – the admitted and proved document. On

    comparing Ex.P1 – the original admitted and proved

    document with that of Ex.P5 to P8, the photographs,

    signatures as well as the thumb impression are manifestly

    differ and not matching with the original Ex.P1. The person

    appeared in Ex.P1 is different in each Ex.P5 to P8, so also

    his thumb impression and signature. The thumb

    impression found in the admitted and proved document,

    – 20 –

    RFA No. 1783 of 2021

    that is, Ex.P1 and the thumb impression found in the

    disputed documents, that is, Ex.P5 to P8 manifestly

    differs. Even the pattern of finger print changes from

    Ex.P.1 – the original admitted and proved document and

    that of the disputed Ex.P5 to P8. In Ex.P1 the finger print

    pattern is in Whorls/Spiral shape, however in Ex.P5 to P8,

    the pattern of finger print is in Loops/Lasso, that is, shape

    of shell. Even the stroke of the signature at each page of

    Ex.P5 to P8 differs, whereas the signature in Ex.P1 is

    consistent and is admitted and proved. In these

    circumstances, nothing more is required to come to a

    conclusion that the documents at Ex.P5 to P8 are forged

    and created by impersonating the appellant herein and by

    forging his signatures as well as thumb impression. The

    Trial Court ought to have exercised the power conferred

    under Section 73 of the Indian Evidence Act. However,

    erred in law to consider this aspect of the matter which

    has resulted in dismissal of the suit which is erroneous and

    unsustainable in law, accordingly we answer Point No.1 in

    favor of the plaintiff.

    (emphasis supplied)

    – 21 –

    RFA No. 1783 of 2021

    34. So far as point No.2 regarding payment of

    Court Fee is concerned, the learned counsel relied on

    judgment of the Hon’ble Apex Court in SUHRID SINGH @

    SARDOOL SINGH VS. RANDHIR SINGH AND OTHERS

    reported in AIR 2010 SCC 2807, wherein the Hon’ble

    Apex Court at Paragraph Nos.6, 7 and 8 has held as

    under:

    “6.Where the executant of a deed wants it to be
    annulled, he has to seek cancellation of the deed. But if
    a non-executant seeks annulment of a deed, he has to
    seek a declaration that the deed is invalid, or non est, or
    illegal or that it is not binding on him. The difference
    between a prayer for cancellation and declaration in
    regard to a deed of transfer/conveyance, can be brought
    out by the following illustration relating to ‘A’ and ‘B’ –
    two brothers. ‘A’ executes a sale deed in favour of ‘C’.
    Subsequently ‘A’ wants to avoid the sale. ‘A’ has to sue
    for cancellation of the deed. On the other hand, if B’,
    who is not the executant of the deed, wants to avoid it,
    he has to sue for a declaration that the deed executed
    by ‘A’ is invalid/void and non-est/illegal and he is not
    bound by it. In essence both may be suing to have the
    deed set aside or declared as non-binding. But the form
    is different and court-fee is also different. If ‘A’, the
    executant of the deed, seeks cancellation of the deed,
    he has to pay ad-valorem court-fee on the consideration
    stated in the sale deed. If ‘B’, who is a non-executant, is
    in possession and sues for a declaration that the deed is
    null or void and does not bind him or his share, he has
    to merely pay a fixed court-fee of Rs. 19.50 under
    Article 17(iii) of Second Schedule of the Act. But if ‘B’, a
    non-executant, is not in possession, and he seeks not
    only a declaration that the sale deed is invalid, but also
    the consequential relief of possession, he has to pay an

    – 22 –

    RFA No. 1783 of 2021

    ad valorem court-fee as provided under Section 7(iv)(c)
    of the Act. Section 7(iv)(c) provides that in suits for a
    declaratory decree with consequential relief, the court-
    fee shall be computed according to the amount at which
    the relief sought is valued in the plaint. The proviso
    thereto makes it clear that where the suit for
    declaratory decree with consequential relief is with
    reference to any property, such valuation shall not be
    less than the value of the property calculated in the
    manner provided for by clause (v) of Section 7.

    7. In this case, there is no prayer for cancellation
    of the sale deeds. The prayer is for a declaration that
    the deeds do not bind the “coparcenery” and for joint
    possession. The plaintiff in the suit was not the
    executant of the sale deeds. Therefore, the court-fee
    was computable under section 7(iv) (c) of the Act. The
    trial court and the High Court were, therefore, not
    justified in holding that the effect of the prayer was to
    seek cancellation of the sale deeds or that, therefore,
    court-fee had to be paid on the sale consideration
    mentioned in the sale deeds.

    8. We accordingly allow these appeals, set aside
    the orders of the trial court and the High Court directing
    payment of court-fee on the sale consideration under
    the sale deeds dated 20.4.2001, 24.4.2001, 6.7.2001
    and 27.9.2003 and direct the trial court to calculate the
    court-fee in accordance with Section 7(iv)(c) read with
    Section 7(v) of the Act, as indicated above, with
    reference to the plaint averments.”

    35. The Hon’ble Apex Court has clearly said that

    when a non-executant seeks annulment of a deed, he has

    to seek a declaration that the deed is invalid or non-est or

    illegal or that it is not binding on him and when a non-

    executant who is in possession of the property and sues

    for declaration that the deed is null or void and does not

    – 23 –

    RFA No. 1783 of 2021

    bind on him or his share, he has to merely pay Court fee

    on the value of the reliefs sought. In the case on hand, the

    reliefs sought, especially at Prayer (a) to declare that the

    sale deeds stated in the said relief as null and void and

    they are not binding on the plaintiff and the suit schedule

    property belongs to the plaintiff, accordingly the Court fee

    paid on the value of the relief claimed is just and

    sufficient. Accordingly, Point No.2 framed is answered in

    the affirmative.

    36. Since we have held that the documents at

    Ex.P5 to Ex.P8 are all fictitious and created by

    impersonating and forging the signature of the plaintiff,

    there is all probability of defendants taking undue

    advantage of the same and may cause interference with

    the peaceful possession and enjoyment of the property by

    the plaintiff. Accordingly, a case has been made out to

    grant permanent injunction against the defendants as

    sought in the suit. Accordingly, Point No.3 is answered in

    favor of the plaintiff.

    – 24 –

    RFA No. 1783 of 2021

    37. In view of answering Points No.1 to 3 in favor of

    the plaintiff, the plaintiff has made out a case to answer

    Points No.4 and 5 in his favor. Accordingly, Points No.4

    and 5 are also answered in favor of the plaintiff.

    38. In view of the foregoing reasons, we proceed to

    pass the following:

    ORDER

    i. The Judgment and Decree dated

    23.07.2021 O.S.No.8005/2019 passed by

    the XVII Addl. City Civil and Sessions

    Judge, Bengaluru City (CCH-18) is set

    aside. The suit is decreed.

    ii. The prayer as sought in Prayer (a) is

    granted holding that (1) Sale Deed dated

    05.04.2018, registered in the office of the

    Sub-Registrar, Vijaynagar, Bengaluru, as

    Document No.VJN-1-00151-2018-19, (2)

    Sale Deed dated 07.12.2018 registered in

    the office of the Sub-Registrar, Vijaynagar,

    Bengaluru, as Document No.VJN-1-

    – 25 –

    RFA No. 1783 of 2021

    009466/2018-19, (3) Sale Deed dated

    04.06.2018 registered in the office of the

    Sub-Registrar, Vijayanagar, Bengaluru as

    Document No.VJN-1-02139-2018-19 and

    (4) Sale Deed dated 16.08.2018 registered

    in the office of the Sub-Registrar,

    Vijayanagar, Bengaluru as Document

    No.VJN-1-05165-2018-19, executed in the

    name of the plaintiff in favor of defendants

    No.1 and 2 respectively are declared as

    null and void and not binding on the

    plaintiff and the suit schedule property

    belongs to the plaintiff.

    iii. There shall be a permanent injunction

    restraining the defendants, their agents,

    and henchmen or anybody claiming

    through or under them from interfering

    with the plaintiff’s peaceful possession and

    enjoyment of the suit schedule property.

    – 26 –

    RFA No. 1783 of 2021

    iv. Accordingly, the appeal is allowed.

    However, no order as to costs.

    v. Registry is directed to draw the decree

    accordingly.

    Sd/-

    (ANU SIVARAMAN)
    JUDGE

    Sd/-

    (T.M.NADAF)
    JUDGE
    TKN



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