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[Cites 2, Cited by 0]

Bangalore District Court

Bhoopal K vs Hamsaksheera Dr Rajkumar Abhimanigala ... on 4 January, 2024

KABC010150322017




    PRESENT: SRI PADMA PRASAD, B.A.(Law), LL.B.,
             XVIII Additional City Civil Judge.

      Dated this the 4th day of January, 2024   .




PLAINTIFF:             Sri. K.Bhoopal S/o Late Krishna
                       Mandiri, Aged about 50 years,
                       Residing at No.50, 1st Main
                       Road, Near Parvathy Kalyana
                       Mantappa,     Ramachndrapura,
                       Bengaluru-560 021.
                     [By Sri. R Suresh Babu. Advocate]

                     /v e r s u s/
DEFENDANTS: 1.        Hamsaksheera Dr. Rajkumar
                      Abhimanigala Sangha(R).,
                      Represented by its President
                      Sri.B.Yathiraj S/o Late Bylappa,
                      Aged about 43 years,
                      R/at No.C160, 1st Main Road,
                      Ramachandrapura,
                      Bengaluru-560 021.
                2.    Sri.P.B.Ramesh       S/o     Late
                      Shivappa, Aged about 40 years,
                      R/at No.50, 1st Floor, 1st Main
                      Road, Near Parvathy Kalyana
                      Mantapa,      Ramachandrapura,
                      Bengaluru-560 021.
                          [D1-Sri.H.S.D., Advocate]
                          [D2- placed exparte]
      2                    O.S._4139_2017_Judgment_.doc


Date of institution of the   :               21/06/2017
suit
Nature of the suit           :              For Declaration
Date of commencement of      :               08/04/2021
recording of the evidence
Date    on    which    the   :               04/01/2024
Judgment               was
pronounced.
                             : Year/s    Month/s      Day/s
Total duration
                                 6            6        14


                                         (PADMA PRASAD)
                                        XVIII ACCJ: B'LURU.




          This is a suit for declaration.

          2.     The plaint case in nutshell is that, plaintiff

     is the absolute owner of the property bearing No.50

     situated at 1st Main Road, near Parvathi Kalyana

     Mandapam, Ramachandrapuram, Bangalore and also

     he raised the loan of Rs.12,50,000/- from NKGSB Co-

     operative Bank Ltd., Sheshadripuram, Bengaluru vide

     Mortgage Deed dated 17.08.2016. The 1 st defendant

     has misrepresented the plaintiff that he is the

     President       of      Hamsaksheera         Dr.Rajkumar

     Abhimanigala Sangha®, which is a social organization
 3                       O.S._4139_2017_Judgment_.doc

    established for upliftment of downtrodden people and

    requested the plaintiff to give one of the shops

    constructed in the ground floor of the suit schedule

    property to organize its functions, programs and other

    activities of the said Sangha. As such, the plaintiff

    has   executed   the   registered   Gift   Deed    dated

    19.05.2011 in favour of 1st defendant with regard to

    RCC Roofed ground floor of the shop in the suit

    schedule property to organize its functions, programs

    and activities. But 1st defendant has let out suit

    schedule property to the 2nd defendant to run tailoring

    and textile business and receiving rent           without

    having no right or legal sanctity to let out the

    schedule premises and to collect rent and also

    violated the terms and conditions of the said Gift

    deed. Recently, the plaintiff has came to know that the

    Sangha is not registered body and is created by the

    President of the 1st defendant and presently said

    Sangha is not in existence. In order to grab the suit

    shop/ property from the plaintiff to enrich himself at

    the cost of the plaintiff has falsely misrepresented and
 4                      O.S._4139_2017_Judgment_.doc

induced the plaintiff to give the suit schedule property

in favour of Sangha. Accordingly, the execution of gift

deed by plaintiff is liable to be cancelled and amongst

other grounds prayed to allow the suit.

      3.    Defendant filed written statement, wherein

the   defendant      admitted   that    the    suit   schedule

property    belongs    to   plaintiff   and     executed    the

registered gift deed dated 19.05.2011 in favour of

defendant    No.1     and   accordingly       defendant    No.1

becomes the owner of said property. The defendant

No.1 has not carried any illegal acts claimed and also

not   misuse    or    misappropriated     the     Sangha     or

premises. The execution of gift deed in favour of

defendant No.1 by the plaintiff is out of free will and

volition. The gift deed has been accepted by the

defendant No.1, hence it is not open for the plaintiff to

seek re-conveyance. The defendant No.1 also claiming

that it is carrying out or conducting the programs

since 2000 in the suit schedule property. The

defendant No.1 also claiming that the suit is barred by

limitation and not properly valued. The plaintiff falsely
 5                        O.S._4139_2017_Judgment_.doc

    claimed that the defendant No.1 has let out the

    premise to defendant No.2 and totally denied the said

    contentions and among other grounds prayed for

    dismissal of suit.

         4.    On the basis of above pleading the court

    framed following issues for consideration:

               (1)   Whether plaintiff proves that the
                     registered gift deed dtd.19.5.2011
                     executed by the plaintiff in favour of
                     1st defendant is a conditional gift
                     deed?
               (2)   Whether      plaintiff  proves    that
                     defendant No.1 had violated the
                     conditions of the gift deed by letting
                     out the schedule shop/property in
                     favour of 2nd defendant on monthly
                     rent and for other purposes?
               (3)   Whether plaintiff proves that the gift
                     deed in favour of 1st defendant is by
                     force,      pressure,        coercion,
                     misrepresentation?
               (4)   Whether the     suit   is   barred   by
                     limitation?
               (5)   Whether court fee paid is insufficient?
               (6)   Whether plaintiff is entitled for the
                     relief of re-conveyance deed as
                     prayed?
               (7)   Whether plaintiff is entitled to the
                     relief of mandatory injunction as
                     prayed?
 6                      O.S._4139_2017_Judgment_.doc

           (8)   Whether plaintiff is entitled for
                 possession of the suit schedule
                 property as prayed?
           (9)   Whether plaintiff is entitled for the
                 relief of permanent injunction as
                 prayed?
           (10) What order or decree?


     5.    Plaintiff   in   order   to     prove   his   case,

examined herself as PW.1 and got marked documents

as per    Ex.P1 to       Ex.P23.    On the other hand,

President of defendant No.1 is examined as DW.1 and

got marked documents as per Ex.D1 to Ex.D28.

     6.    Heard the arguments and perused entire

records. The learned advocate for plaintiff has relied

on citation of AIR 2001 SC 2340 between Thakur

Raghunath Ji Maharaj & Anr., Vs. Ramesh Chandra.

     7.    My findings on the above issues are as

under:

     Issue No. 1) ............; Affirmative
     Issue No. 2) ............; Affirmative
     Issue No. 3) ............; Negative
     Issue No. 4) ............; Negative
     Issue No. 5) ............; Negative
     Issue No. 6) ............; Affirmative
 7                         O.S._4139_2017_Judgment_.doc

          Issue No. 7) ............; Affirmative
          Issue No. 8) ............; Affirmative
          Issue No. 9) ............; Negative
          Issue No. 10) ............ As per final order for
                                  the following:




          8.    ISSUE NO.1 TO 9: Issue No.1 is framed

    on the contention of plaintiff that the registered gift

    deed executed by the plaintiff in favour of 1 st

    defendant dated 19.05.2011 is a conditional gift deed;

    the issue No.2 is framed in view of the claim of

    plaintiff   that   defendant    No.1    had    violated   the

    conditions of gift deed by letting out of the schedule

    shop/property in favour of 2nd defendant on monthly

    rent; issue No.3 is also framed on the contention of

    plaintiff that the 1st defendant by using the force,

    pressure, coercion, misrepresentation obtained the

    gift deed; issue No.4 and 5 are framed on the specific

    defence of defendant that the suit is barred by

    limitation and suit is not properly valued as well as

    proper court fee not paid; issue No.6 to 9 are

    regarding the entitlement for the reliefs claimed in the
 8                    O.S._4139_2017_Judgment_.doc

suit. As such all these issues are interlinked with

each other, hence they have been taken up together to

avoid repetition.


     9.    Whatever the contentions of the parties, it

is an undisputed the fact in the case is that the

plaintiff has acquired the suit schedule property along

with other properties and thereafter as on 19.05.2011

the plaintiff executed the gift deed in respect of suit

schedule property in favour of defendant No.1. The

execution of gift deed dated 19.05.2011 is an a

admitted fact. The claim of the plaintiff in the suit is

that the gift deed is conditional gift deed and the

defendant No.1 is bound by the terms and conditions

of the gift deed. It is the case of plaintiff in the suit is

that the defendant in gross violation of terms and

conditions of the Gift Deed, leased out the suit

schedule premises to defendant No.2 on monthly rent

of Rs.10,000/- accordingly claimed that the defendant

No.1 had violated the terms of gift deed, hence the

defendant No.1 is liable to execute the re-conveyance

deed in respect of suit schedule premises.
 9                         O.S._4139_2017_Judgment_.doc

           10.   The defendant No.1 totally disputed the

    subletting or leasing out of the suit schedule premises

    to defendant No.2. However, the defendant No.1

    during the course of evidence of DW1 admitted the

    presence of defendant No.2/Ramesh in the schedule

    premises claiming that he was/is assisting the

    defendant No.1 in its day to day affairs. As such it is

    for the plaintiff to prove that the schedule premises or

    property gifted to defendant No.1 has been leased out

    to defendant No.1 in violation of terms and condition

    and similarly the defendant No.1 has to prove that it

    has used the premises to achieve the objects of

    defendant No.1 Sangha/Association.


           11.   The   plaintiff   in   support   of   his   case

    examined himself as PW1 and got marked documents

    at Ex.P.1 to 23. Similarly the President of defendant

    No.1    is   examined    as    DW.1     and    got   marked

    documents as per Ex.D1 to Ex.D28.


           12.   As it is the claim of plaintiff is that the

    terms and condition of the gift deed has been violated
 10                   O.S._4139_2017_Judgment_.doc

by the defendant No.1, it is just and necessary to see

the said gift deed and to see that is there any terms

and conditions imposed in the gift deed. The plaintiff

got marked the certified copy of gift deed dated

19.05.2011 at Ex.P.3.


     13.   The conditions found in page No.3 at 2 nd

paragraph of the gift deed reads as under:-


     "ಈ    ಲಗಯಯ      ದನದ      ಷಡಡ ಲ‍ ಸಸ ತಯ ನ    ಮಲ    ಹಸಕಕ ಕರ
     ಡ. ರಜ ಕಮರ ಅಭಮನಗಳ ಸಘವ ಮತತ                        ಸಪರರ
     ಹಕಕ ಮತಯ ಮಲಕಕತಸ ವನನ          ಹಹದ, ಷಡಡ ಲ‍ ಸಸ ತಯ ನ ಬಬಯ
     ಕದಯ ವಗರ ತರಗಗಳನನ               ಬಹತ‍ ಬಹಗಳರ ಮಹನಗರ
     ಪಲಕ ಕಛರಗ ಪವತ ಮಡಕಹಡ, ದನದ ಷಡಡ ಲ‍ ಸಸ ತಯ ನ
     ಖತಯನನ      ಸಹ     ಸಘದ      ಹಸರಗ       ಮಡಸಕಹಡ,      ದನದ
     ಷಡಡ ಲ‍    ಸಸ ತಯ ನಲಲ    ಸಘದ      ವತಯಹದ       ಸಘದ      ಕಲಸ
     ಕಯರಗಳ,       ಕಯರಕತ ಮಗಳ,           ಚಟವಟಕಗಳನನ         ಮತತ
     ನಡಸಕಹಡ           ಉತಯ ರಕತಯ ರ       ಮಹದವರಸಲ                ನನನ
     ಅಭಡ ಹತರವನ ಇರವದಲಲ " .


     14.   Similarly the aforesaid conditions to be read

along with 4th paragraph of the gift deed at page No.3

that reads as under:-


     " ದನದ   ಷಡಡ ಲ‍ ಸಸ ತಯ ನನ       ಮಹದ      ಸಘವ     ಮರಟ
     ಮಡಲ ಇಚಚ ಸದದ ಲಲ        ಆಗ ಈ ಸಸ ತಯ ನನ   ನನಗ ಅಥವ ನನನ
     ವರಸಸ ದರರಗ ಮತತ ಮರಟ ಮಡವ ಹಕಕ ನನ                    ಸಘವ
     ಹಹದರತಯ ದಯ         ಹರತ        ದನದ      ಷಡಡ ಲ‍    ಸಸ ತನನ
     ಬರಯರಗ        ಯವ        ಕಲಕಕ ,    ಯವ       ಸದಭರದಲಲ ,
     ಯವ ವಧವಗಯ ಸಹ ಕತ ಯ, ದನ, ಕತ ಯದ ಒಪಪ ಹದ
 11                       O.S._4139_2017_Judgment_.doc

         ವಗರ    ಪರಭರಗಳಗ      ಈಡಮಡವ         ಹಕಕ ,   ಅಧಕರಗಳ
         ಸಘಕಕ ಆಗಲ ಅಥವ ಇದರ ಪತ ತನಧ/ ಪದಧಕರಗಳಗ ಆಗಲ
         ಇರವದಲಲ " .



          15.   If the aforesaid two conditions are accepted,

     it is clear that the defendant No.1 has no right to

     alienate the suit schedule premises that has been

     gifted to defendant No.1 under Ex.P.1/gift deed and

     the gift deed premises/ suit schedule property has to

     be used to achieve the objects of Sangha.


          16.   As the execution of gift deed is an admitted

     and true fact in this case, the terms and conditions of

     gift deed certainly binding on the plaintiff and

     defendant No.1 in the suit.


          17.   It is the definite case of the plaintiff in the

     plaint as well as in the evidence affidavit and during

     the course of evidence that the suit schedule premises

     has been leased out or rented out to defendant No.2

     by defendant No.1 and the defendant No.2 started the

     business in the suit schedule premises under the

     name of 'U Fashions'. The plaintiff has not produced

     any lease or rent agreement entered between the
 12                  O.S._4139_2017_Judgment_.doc

defendant No.1 and 2. As the rent agreement is

between the defendant No.1 and 2 certainly it is not

possible for the plaintiff to produce documents

relating to leasing out or renting out of premises

unless and until there is a registered deed. As such, if

there is any document regarding the renting out of the

premises should be with defendants.


     18.   In the case on hand, the plaintiff in order

to show/prove the leasing out or renting out of the

premises has produced the photographs of the suit

schedule premises. The photographs at Ex.P.20 to 23

are got marked by the plaintiff by confronting the

same to the DW1 during the cross-examination.

Ex.P.20(a), 22(a) and 23(a) in photographs at Ex.P.20,

22 and 23 are disclosing the suit schedule premises.

It is also relevant to note that the defendant admitted

the premises found in Ex.P.21 stating that includes

the suit schedule premises. The DW1 during the

cross-examination    admitted    the   name   board    of

defendant along with the name board 'U Fashions'

with the claim that it is a graphic. If at all Ex.P.21 is
 13                        O.S._4139_2017_Judgment_.doc

     the created document certainly the defendant No.1

     would have chosen to obtain the experts opinion to

     show that whether the said photograph is created or

     fabricated document. If the said photograph is verified

     the said photograph nowhere gives any impression to

     the Court that it is a Graphic Photo with the name of

     'U Fashions' as well as dress materials hanged in-

     front of suit schedule premises. Therefore, the said

     photographs at Ex.P.20 to 23 proves the existence of

     suit schedule premises and Ex.P.21 certainly shows

     that the premises has been rented out to defendant

     No.2 by the defendant No.1.


           19.    Though there is no specific defence in the

     written statement regarding the presence of defendant

     No.2 in the premises, the DW1 in his evidence

     affidavit at page No.4 at para 12 and page 5 at 2 nd

     paragraph admitted the presence of defendant No.2 in

     the   suit    schedule   premises   claiming   that   the

     defendant No.2 has been acting as Manager and was

     promptly giving supporting hand to carrying on day to

     day activities of the defendant No.1, but what are
 14                  O.S._4139_2017_Judgment_.doc

those day to day activities of defendant No.1 is

without any explanation. Infact, the defendant No.1

has also not produced any document to show that the

defendant No.1 is carrying out activities on daily basis

in the suit schedule premises.


     20.   The defendant No.2 in the case on hand

though served with the suit summons not chosen to

appear before the Court and not put-forth any defence

in the suit. If the contention of the defendant NO.1 in

his evidence affidavit at para 12 it has to be accepted

that the defendant No.2 is the Manager of defendant

No.1 and he is very much available for defendants.

Therefore, the defendant ought to have examined the

defendant No.2 in support of his defence. Infact, non

filing of written statement as well as non stepping into

the witness box by the defendant No.2 to certainly

leads to draw adverse inference on the defence taken

by the defendant. Further, the plaintiff has loss the

opportunity to put-forth his case to the mouth of

defendant No.2. All these facts certainly shows that
 15                         O.S._4139_2017_Judgment_.doc

     the defendant No.2 deliberately with hold the material

     evidence of DW2.


          21.   It is true that the plaintiff has executed the

     registered gift deed that has been accepted by the

     defendant No.1. As such gift transaction has been

     completed.   Accordingly,    the defendant      No.1 has

     become the absolute owner of the suit schedule

     property on the strength of gift deed. Now, it is to be

     considered in this case is whether the gift deed is

     unconditional    or   defendant    No.1   has    acquired

     absolute right over the suit schedule property on the

     basis of gift deed. If at all the gift deed is without any

     terms and conditions and if the defendant No.1 has

     been given any liberty to do whatever it has chosen to

     do in respect of suit schedule property, then certainly

     the claim of the plaintiff cannot be accepted. In the

     case on hand, the plaintiff also reserved the right of

     preemption over the suit schedule property and also

     the parties had the definite understanding between

     them to use the suit schedule premises to achieve the

     objects of defendant No.1.
 16                  O.S._4139_2017_Judgment_.doc

     22.   In the case on hand,    the defendant No.1

produced one lease deed entered between the plaintiff

and Ramesh/ defendant No.2 as per Ex.D.10.          The

said rental agreement is for 11 months executed on

13.02.2015. As per the said agreement the defendant

No.2 has taken the 3rd shop from the staircase of the

building, wherein suit schedule premises exists. It is

undisputed and admitted fact is that the suit schedule

premise is the 1st premises by the side of staircase.

Thereafter two more premises in the said building and

accordingly last/third premises has been given on

lease to defendant No.2 to run the 'U Fashions' Shop

to defendant No.2. It is not the case of defendant No.1

that the said defendant No.2 continued his business

in the 3rd shop in the ground floor from the staircase

as described in Ex.D.10. Further, if at all this

defendant No.2 is running a business under the name

'U Fashions', certainly it is not possible him to attend

the day to day affairs of the defendant No.1 acting as

its Manager. Apart from that there is no material

placed by the defendant No.1 to show that defendant
 17                        O.S._4139_2017_Judgment_.doc

     No.2 has been appointed or designated as the

     Manager of defendant No.1. Hence, the claim of the

     defendant No.1 is that the defendant No.2 was/is the

     Manager of defendant No.1 and he is looking after the

     day to day affairs of the defendant No.1.


          23.   Whatever     the   contentions   of   defendant

     No.1, the defendant No.1 by producing Ex.D.10

     admitted the existence of 'U Fashions' shop in the

     building   wherein    suit    schedule   property   exists.

     Ex.D.21-photograph is an admitted photograph in

     which the name of 'U Fashions' found in the shop

     premises beside the staircase which is the suit

     schedule    premises.    As     discussed    earlier,   the

     defendant No.1 has not produced any material on

     record to show that the defendant No.2 continued his

     business in the name of 'U Fashions' as per Ex.D.10.

     The photographs produced at Ex.P20 to 23 does not

     disclose the existence of      'U Fashions shop' at 3rd

     shop from the staircase. The existence of 'Kiran

     Fashions' in the 3rd shop from the staircase is not

     disputed by the defendant No.1 and the said name
 18                   O.S._4139_2017_Judgment_.doc

board of 'Kiran Fashions' also found in Ex.P.21 at 3rd

shop from the staircase and the name board of              U

Fashions is found below the name board of defendant

No.1. This photograph certainly probabalize the case

of plaintiff that the defendant No.1 has rented out the

suit schedule premises to defendant No.2 in gross

violation of the terms and conditions of gift deed at

Ex.P.3.


     24.   The claim of the defendant is that as the

gift deed is absolute, it cannot be set aside or there

cannot be any order for re-conveyance of the same,

apart from that the claim of the plaintiff is barred by

limitation. In this regard, the counsel for the plaintiff

relied on a decision reported in AIR 2001 SC 2340 in

a case of Thakur Raghunath Ji Maharj and

another Vs. Ramesh Chandra. The head note 'B' of

the said judgment reads as under:-


      "Limitation Act(36 of 1963), Art.66-Gift deed to
     construct    college   on   gifted   land    within
     stipulated   time-Donee     unable   to   construct
     college within time-Suit for possession of land
     by donor-Is not for specific performance but one
 19                         O.S._4139_2017_Judgment_.doc

          for possession based on reason of forfeiture by
          breach of condition-Art.66 and not Art.54 would
          apply-Suit filed immediately after donees finally
          refused to construct College building in the
          land-Not barred by limitation-Moreover as land
          was donated for charitable purpose-Donee held
          property     as trustee-On   breach   of   condition
          donor could claim back property-Concession
          given to donee to construct college within one
          year-Held, was proper in view of larger public
          interest".

          25.   The aforesaid head note is given on the

     basis of observation made by the Hon'ble High Court

     of Karnataka in para No.5 to 7. In the case on hand,

     it is clear that the very object of gift by the plaintiff to

     defendant No.1 to enforce the object of defendant

     No.1/social service or help to the needy people and

     the gift is certainly not to gain economically to the

     defendant No.1 by using the premises. If at all             the

     gifted premises has been leased out then it has to be

     accepted that the defendant No.1 is no necessity of

     any premises for functioning of defendant No.1 but

     the premises has been obtained to have gain.
 20                        O.S._4139_2017_Judgment_.doc

        26.   In the case on hand, the oral, documentary

evidence and non appearance of defendant No.2

before the Court, certainly substantiate the fact that

the defendant No.1 has leased out the suit schedule

premises to defendant No.2, which has been gifted by

the           plaintiff       to      the       defendant

No.1/Sangha/Association. Further, absolutely there is

no acceptable material on record to show that the

plaintiff can falsely claim the leasing out or renting

out of suit schedule premises to defendant No.2 by the

defendant No.1. The very fact of leasing out of suit

schedule premises by the defendant No.1 to the

defendant No.2 shows that it does not require the

gifted property for the functioning of defendant No.1.

Therefore, it is clear that the defendant No.1 in gross

violation of the terms and conditions of the gift deed

rented out the premises to defendant No.2 for illegal

gain.


        27.   It is also not the case of defendant No.1 is

that from the day of gift deed itself, they have leased

out the premises and the said fact is within the
 21                           O.S._4139_2017_Judgment_.doc

     knowledge of plaintiff, so that the claim of the plaintiff

     is barred by limitation. Further, how the suit is barred

     by   limitation    is    not   specifically   and   properly

     explained.


          28.     Further defence of the defendant is that the

     suit is not properly valued. Even the said fact is not

     properly explained by the defendant No.1. The plaintiff

     valued the suit property as per section 24(a), 29 and

     38 of Karnataka Court Fees and Suit Valuation Act

     and valued the suit at Rs.4,10,870/- and paid the

     Court fee of Rs.27,600/-. There is no material on

     record to disbelieve the said fact.


          29.     Therefore, for the aforesaid reasons, this

     Court is of the humble opinion that the plaintiff has

     sufficiently proved that the plaintiff has executed the

     conditional gift deed as on 19.05.2011 and the

     defendant No.1 in violation of the conditions of the gift

     deed letting out the suit schedule premises in favour

     of defendant No.2. The plaintiff failed to prove the

     issue No.3 that the gift deed has been execution by
 22                   O.S._4139_2017_Judgment_.doc

force, pressure, coercion or misrepresentation. The

defendant No.1 failed to prove that the suit is barred

by limitation and also suit is not properly valued. In

view of these facts certainly the plaintiff is entitle for

the relief of execution of re-conveyance Deed by

canceling the registered gift deed and also surrender

the vacant possession of the suit schedule premises

but not entitle for rent as claimed in prayer-C as the

same is not proved satisfactorily by the plaintiff.

Accordingly, Issue No.1, 2, 6 to 8 are answered in the

affirmative. Issue No.3 to 5 and 9 are answered in the

Negative.


     30.    ISSUE NO. 10: In view of my finding on the

above issues, I proceed to pass the following:




         The suit of the plaintiff is hereby
            decreed in part in following terms
            with cost:
         The     registered   gift   deed     dated
            19.05.2011      bearing      No.SRI-1-
            00466/2011-12      stored     in     CD
 23                         O.S._4139_2017_Judgment_.doc

                 No.SRID103        in    the    Sub-Registrar
                 office, Srirampura is hereby cancelled
                 and defendant No.1 shall execute the
                 cancellation of said registered gift
                 deed and shall deliver the vacant
                 possession       of    the    suit   schedule
                 premises to the plaintiff within 3
                 months from this day.
              In view of          the above order, all
                 pending IAs if any stands disposed
                 off.
              Draw decree accordingly.
                                  ***

[Dictated to the Stenographer-III directly on computer, Script corrected, signed and then pronounced by me, in the Open Court on this the 4 th day of January, 2024].

[PADMA PRASAD] XVIII Additional City Civil Judge.

BENGALURU.

1. List of witnesses examined on behalf of the Plaintiff/s:

PW.1 K. Bhoopal

2. List of witnesses examined on behalf of the Defendant/s:

          DW.1          Ethiraj
  24                   O.S._4139_2017_Judgment_.doc

3. List of documents      marked     on    behalf   of    the
   Plaintiff/s:

      Ex.P.1             Certified copy of sale deed dated
                         30.08.2011.
      Ex.P.2 & 3         Certified copies of gift         deeds
                         dated       02.07.2010             and
                         19.05.2011.
      Ex.P.4             Bank statement with             NKGSB
                         co-operative bank.
      Ex.P.5 to 7        Khata Extract, Khata Certificate
                         and tax paid receipt.
      Ex.P.8             Office copy of legal notice
      Ex.P.9 to 13       4 Postal receipts          and     one
                         acknowledgment.
      Ex.P.14            Office copy of the reply notice.
      Ex.P.15            Notification       on         Property
                         valuation.
      Ex.P16             Khatha Extract.
      Ex.P17             Letter issued by NKGSB Co-
                         Operative     Bank    dated
                         17.08.2016.
      Ex.P18             Gift Deed dated 02.07.2010.
      Ex.P.19            Bank Statements
      Ex.P.20 to 23      Photos


4. List of documents      marked     on    behalf   of    the
   defendant/s:

      Ex.D1 to 9 & 13    Photos
      Ex.D10             Copy of Rent Agreement
      Ex.D11             Registration Certificate of D1.
      Ex.D.12            Acknowledgment Certificate
 25                   O.S._4139_2017_Judgment_.doc


     Ex.D.14 & 15       Acknowledgments
     Ex.D.16            Permission issued by the police
     Ex.D.17            Office copy of the letter to grant
                        permission
     Ex.D.18            Permission to put up a pendall
     Ex.D.19            Fee receipt issued by BESCOM
     Ex.D20             Permission      to    take        out
                        possession
     Ex.D.21            Permission to use loud speaker
     Ex.D.22            Permission by the police
     Ex.D.23 & 24       Acknowledgments
     Ex.D.25 to 27      Audit reports with balance sheet
     Ex.D.28            BESCOM receipt


                           [PADMA PRASAD]

XVIII Additional City Civil Judge.

BENGALURU.