Bangalore District Court
Sri. T.Shankar vs Sri.R.Ramesh Babu on 4 December, 2019
IN THE COURT OF XXXV ADDL.CITY CIVIL & SESSIONS
JUDGE, BENGALURU (CCH-36)
DATED ON THIS THE 4th DAY OF DECEMBER 2019
Present: Sri.Manjunatha.G.A., B.A.L.,L.L.B.,
XXXV Addl.CC & SS Judge, Bengaluru.
O.S.No.5969/2015
Plaintiffs : 1. Sri. T.Shankar,
S/o.Late N.Ramaiah,
Aged about 54 years.
2. Sri.R.Chandrashekar,
S/o.Late N.Ramaiah,
Aged about 49 years.
Both residing at No.59/26,
K.R.Road, Basavanagudi,
Bangalore-04.
(Sri.B.V., Advocate)
-Vs-
Defendant : Sri.R.Ramesh Babu,
S/o.Late N.Ramaiah,
Aged about 57 years.
No.59/26, K.R.Road,
Basavanagudi,
Bangalore-04.
(Sri.S.Y, Advocate)
Date of institution of the suit : 08-07-2015
Nature of the suit : Injunction suit
2
Date of commencement of
recording of the evidence : 09-10-2017
Date on which the judgment was : 04-12-2019
pronounced
Total duration : Years/s Month/s Day/s
04 04 26
(MANJUNATHA.G.A.)
XXXV Addl.City Civil &
Sessions Judge, Bengaluru
JUDGMENT
The suit of the plaintiffs is for the relief of Mandatory Injunction and for recovery of money.
2. In brief, the case of the plaintiffs is as follows:-
The plaintiffs and defendant are the children of N.Ramaiah and Smt.Munilakshmamma. N.Ramaiah had purchased item No.1 property on 16-9-1967. Smt.Munilakshmamma had purchased item No.2 property on 20-1-1969. In respect of item No.1 schedule property, Sri.N.Ramaiah executed a Registered Will on 26-10-1988. Accordingly, 'A' & 'B' portions were bequeathed in favour of plaintiffs. 'C' portion was bequeathed in favour of defendant. 'D' 3 portion property was bequeathed in the name of Munilakshmamma. Sri.N.Ramaiah died on 28-11-2009. There is a condition in the Will against the plaintiffs and defendant not to alienate the property till the lifetime of Smt.Munilakshmamma. Smt.Munilakshmamma and her only daughter executed two Release Deeds in respect of 'C' schedule property on 30-10-2013. Smt.Munilakshmamma died on 11-4-2014. All the original documents of both the properties are with the defendant. He has also not paid tax in respect of his portion of the property. The plaintiffs have paid tax in respect of entire suit schedule property. The defendant is liable to pay his share of tax amount of Rs.48,500/- along with interest of Rs.5,820/-. In spite of issuance of legal notices and oral requests, the defendant has not produced the original documents. Therefore, it is prayed to direct the defendant to produce all the original documents in respect of item Nos.1 and 2 properties and to direct the defendant to pay a sum of Rs.54,320/-.
3. The defendant has appeared through his Advocate and in spite of granting several opportunities, he has not filed Written Statement.
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4. Plaintiff No.2 is examined as P.W.1 and got marked Exs.P.1 to P.16.
5. The point that arises for consideration is as follows:-
Whether the plaintiffs are entitled for suit reliefs?
6. My answer to the above point is in the affirmative for the following:-
REASONS
7. Plaintiff Nos.1 and 2, defendant are the children of N.Ramaiah and Smt.Munilakshmamma. N.Ramaiah had purchased item No.1 property as per Ex.P.1 - Sale Deed. Smt.Munilakshmamma purchased item No.2 property as per Ex.P.12. The translated version of the same is marked at Ex.P.13. Ex.P.2 is the Will executed by Sri.N.Ramaiah in favour of plaintiff Nos.1 and 2, defendant and Smt.Munilakshmamma. As per this Will, N.Ramaiah bequeathed four portions in favour of plaintiffs, defendant and Smt.Munilakshmamma as 'A', 'B', 'C' & 'D'. 'A', 'B' portions are bequeathed in favour of the plaintiffs. 'C' schedule property is bequeathed in favour of the defendant. 'D' schedule property is bequeathed in favour of 5 Smt.Munilakshmamma. Smt.Munilakshmamma and her daughter have executed two Registered Sale Deeds in respect of 'D' portion property as per Exs.P.4 and P.5 in favour of the plaintiffs. The tax paid receipts and khata certificates are marked at Exs.P.7 & P.9. The death certificate of N.Ramaiah is marked at Ex.P.3. The death certificate of Munilakshmamma is marked at Ex.P.10. Prior to filing of the suit, the plaintiffs have issued two legal notices as per Exs.P.6 & P.11. Though, the defendant has appeared through his Advocate has not filed Written Statement. He has not cross-examined P.W.1. He has not offered his evidence. He has not denied the Will. In fact, the plaintiffs have executed a Release Deeds in favour of defendant as per Exs.P.15 & P.16 confirming the share of the defendant. The office has raised objection with regard to Territorial Jurisdiction as per the first day order sheet and payment of court fee under Section 23 of Karnataka Court Fee & Suits Valuation Act. In view of Section 17 CPC, this Court will get jurisdiction to try this suit. Section 23 of Karnataka Court fee and Suits Valuation Act deals with movable property. Therefore, the Court fee paid on the plaint is correct. Why the plaintiffs require the original documents is not stated. Up to what time 6 the Court can keep the documents if the defendant is directed to produce before the Court is not explained by the plaintiffs. Therefore, it is necessary to pass an order directing the defendant to produce documents when the plaintiffs alienate the property or when they intended to raise loan. Accordingly, the point under reference is answered in the affirmative. In the result, I proceed to pass the following:-
ORDER Suit of the plaintiffs is decreed with cost. The defendant is directed to produce the originals of both item Nos.1 and 2 properties at the time of alienation of their share by the plaintiffs or at the time when they want to raise loan. If this direction is not complied by the defendant, the plaintiffs can enforce the same by filing execution petition.
The defendant is directed to pay a sum of Rs.54,320/- (Rupees Fifty Four Thousand Three Hundred and Twenty only) to the plaintiffs within one 7 month from this date along with interest at the rate of 6% p.a. Draw Decree accordingly.
(Dictated to the Judgment-Writer, transcribed and typed by her and then corrected and pronounced by me in the open court on this the 4 th day of December 2019) (MANJUNATHA.G.A.) XXXV Addl.City Civil & Sessions Judge, Bengaluru ANNEXURE Witnesses examined on behalf of the plaintiffs.
P.W.1 : Sri.Chandrashekar.R Witnesses examined on behalf of the defendant.
- Nil -
Documents marked on behalf of the plaintiffs.
Ex.P.1 : Certified Copy of the Sale Deed,
dated 12-9-1967
Ex.P.2 : Certified copy of the will,
dated 26-10-1988
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Ex.P.3 : Death Certificate of N.Ramaiah
Ex.P.4 : Certified Copies of Release Deeds
& Ex.P.5:
Ex.P.6 : Copy of the legal notice
Ex.P.7: Copy of tax paid receipts
& P.8
Ex.P.9 : Khata Certificate
Ex.P.10: Death Certificate
Ex.P.11: Legal notice
Ex.P.12: Certified copy of the Sale Deed
dated 30-1-1969
Ex.P.13: Translated version of the Sale Deed
datd 30-1-1969
Ex.P.14: Khata endorsement
Ex.P.15: Certified copy of the Release Deed
dated 26-04-2018
Ex.P.16: Endorsement,dated 19-2-2019
Documents marked on behalf of the defendant.
- Nil -
(MANJUNATHA.G.A.) XXXV Addl.City Civil & Sessions Judge, Bengaluru 9