Bangalore District Court
Smt.Sharada @ Sharadamma vs Smt.Usha @ Usha Devi on 1 June, 2019
IN THE COURT OF THE III ADDL.CITY CIVIL & SESSIONS JUDGE,
BENGALURU CITY (CCH No.25).
Dated: This the 1st day of June, 2019
Present: Sri. SACHIN KAUSHIK.R.N, B.Sc., LL.M.,
III Addl.City Civil & Sessions Judge, Bengaluru.
O.S.No.599/2014 c/w. O.S.No.5458/2014
Plaintiffs 1. Smt.Sharada @ Sharadamma
in O.S.No. @ Mayamma,
599/2014
w/o.late S.M.Ramachandra,
aged about 46 years.
2. Sri.S.R.Manjunatha,
s/o.late S.M.Ramachandra,
aged about 28 years.
3. Sri.S.R.Dhananjaya,
s/o.late S.M.Ramachandra,
aged about 26 years.
All are residing in a portion of
property bearing No.371, 2nd Cross,
Kamalanagar, Bengaluru-560079.
by Sri.H.Devendrappa, Advocate
vs.
Defendants 1. Smt.Usha @ Usha Devi
in O.S.No. @ Huchchamma,
599/2014
d/o.Unknown, aged about 36,
# 27, Maruthi Extension, 6th A Main,
Sriramapuram, Bengaluru-21.
2. K.V.Nataraj,
s/o.late K.Veeranna, aged about 43,
# 104, 2nd Main, 4th Cross,
Kamalanagara, Bengaluru-79.
D1- by Sri.M.Manjayya Shetty, Advocate
D2-by Sri.Sridhar Naik, Advocate
2 OS No.599/14 c/w.OS No.5458/14
Plaintiff in Sri.K.V.Nataraja,
O.S.No. s/o.late K.Veeranna,
5458/2014
aged about 47 years, residing at
No.104, 4th Cross, Kamalanagar,
Bengaluru-560079.
by Sri.Sridhar D.Naik, Advocate
vs.
Defendants 1. Smt.Sharada @ Huchamma
n O.S.No. @ Mayamma,
5458/2014
Aged about 48 years,
Husband's name not known,
2. Sri.S.R.Manjunatha,
Father's name not known
aged about 28 years.
3. Sri.S.R.Dhananjaya,
Father's name not known
aged about 26 years.
Defendants No.1 to 3 are residing at
portion of the property bearing
No.371, 2nd Cross, Kamalanagar,
Bengaluru-560079.
4. Smt.Usha @ Ushadevi
@ Huchamma,
w/o.late Sri.S.M.Ramachandra,
aged about 37 years, residing at
No.27, Maruthi Extension,
6th 'A' Main road, Sriramapuram,
Bengaluru-560021.
D1 to 3-by Sri.H.Devendrappa, Advocate
D4-by Sri.M.M.Shetty, Advocte.
3 OS No.599/14 c/w.OS No.5458/14
Date of institution:
O.S.No.599/2014 21-01-2014
O.S.No.5458/2014 17-07-2014
Nature of suit:
O.S.No.599/2014 Declaration and
Permanent injunction.
O.S.No.5458/2014 Declaration,
Possession and
Permanent Injunction.
Date of commencement of 08-12-2015
evidence
Date on which the 01-06-2019
Judgment was pronounced
Total Duration: Years Months Days
O.S.No.599/2014 05 04 10
O.S.No.5458/2014 04 10 14
COMMON JUDGMENT
The plaintiffs No.1 to 3 in O.S.No.599/2014
have filed suit for declaration of relationship with
deceased late Shri.S.M.Ramachandra, as his wife and
children, declare that Memorandum of Agreement in
O.S.No.75/2013 disposed by 1st Additional Principal
Judge, Family Court, Bengaluru, on 17-9-2013 as
null and void, Gift Deed dated 3-10-2013 in
pursuance of above Agreement as null and void and
so also Sale Deed dated 4-12-2013 in favour of 2nd
defendant by 1st defendant as null and void and grant
Permanent Injunction with respect of Suit Schedule-B
property, which is 1st floor in Property No.371 in
Saneguruvanahalli Village, Yeshwanthpur, Bengaluru,
restraining defendants from disturbing peaceful
4 OS No.599/14 c/w.OS No.5458/14
possession of plaintiffs' suit schedule-A property in
the entire property No.371, measuring 1200 square
feet.
2. The plaintiffs No.1 to 3 in O.S.No.599/2014
state that they are wife and children of late
Shri.S.M.Ramachandra, Advocate. The marriage of
plaintiff No.1 with late Shri.S.M.Ramachandra, was
solemnized on 31-1-1985. Up to 1994, they were
residing in Bengaluru in said Schedule-A Property. In
1997, due to misunderstandings, the plaintiffs
started living in native village of plaintiff No.1 in
Turuvekere Taluk. Late Shri.S.M.Ramachandra used
to visit them, and help them financially. Their 2
daughters, Chayadevi and Chitrakala expired in 2006
and 2012 respectively. Later, he stopped coming,
and on enquiry learnt that he is staying with
defendant No.1 and defendant No.1 is ill-treating him
and pestering for the suit schedule-A property.
Defendant No.1 filed O.S.No.75/2013 before 1st
Additional Principal Judge, Family Court, Bengaluru,
for Injunction over suit schedule-A property, and
restraining late S.M.Ramachandra from collecting
rent, and pay rents to her. The same was settled
before Mediation, and as per the terms of Agreement
dated 13-9-2013, late S.M.Ramachandra gifted the
suit schedule-A property to defendant No.1 on 3-10-
2013. Subsequently, the defendant No.1 sold the suit
5 OS No.599/14 c/w.OS No.5458/14
property to defendant No.2 on 4-12-2013. Late
S.M.Ramachandra expired on 9-11-2013. The
plaintiffs had occupied suit schedule-'B' property,
when S.M.Ramachandra had stopped visiting them.
On 20-1-2014, the plaintiffs filed this suit, that the
agreement and Deeds were made taking benefit of
ill-health of late S.M.Ramachandra.
3. The Defendants No.1 and 2 have denied the
averments of Plaint, and stated that the plaintiffs
have filed false suit to make illegal gain for
themselves, and prayed for dismissal of suit.
4. The Court has framed 6 Issues and 3 Additional
Issues as such:
1. Whether the plaintiff proves that, plaintiff
No.1 is wife and plaintiff No.2 and 3 are
sons of deceased S.M.Ramachandra as
contended in the plaint?
2. Whether the plaintiff further proves that,
the defendant No.1 is not related to
deceased S.M.Ramachandra in manner as
contended in the plaint?
3. Whether the plaintiff further proves that
the defendant No.1 played fraud on
deceased S.M.Ramachandra and made
him execute a gift deed in her favour
regarding suit 'A' schedule property?
4. Whether plaintiff proves that, they are in
possession of suit 'B' schedule property as
contended in the plaint?
6 OS No.599/14 c/w.OS No.5458/14
5. Whether the plaintiff is entitled for the
relief sought for?
6. What Order or Decree?
Additional Issues:
1. Whether the defendants prove that suit is
barred by limitation?
2. Whether the plaintiffs prove that
settlement entered by defendant No.1 and
late Ramachandra in O.S.No.75/2013
before Family Court is null and void and
not binding on them?
3. Whether the defendants prove that this
Court has no jurisdiction to decide the
matter as per the provisions of Family
Court Act?
Addl.Issue No.3: This Issue has been answered
by separate Order on 30-5-2017, that the suit
is maintainable before this Court. Hence, the
same does not stand for consideration now.
5. The plaintiff in O.S.No.5458/2014, who is
defendant No.2 in the other suit, has filed suit with
respect to same property, for declaring him as
absolute owner, and for possession of suit schedule-B
property from defendants 1 to 3, who are plaintiffs
No.1 to 3 in the other suit, and for permanent
injunction, restraining defendants 1 to 4 from
interfering with peaceful possession of the plaintiff in
this suit. He claims title by virtue of said Registered
Sale Deed dated 4-12-2013. He states that the
7 OS No.599/14 c/w.OS No.5458/14
defendants 1 to 3 in O.S.No.5458/2014 trespassed
and occupied suit-B Property on 17-12-2013.
6. The defendants 1 to 3 in O.S.No.5458/2014
have prayed for dismissal of suit, as transaction is
fraudulent, caused by undue influence. Defendant
No.4 in O.S.No.5458/2014, who is defendant No.1 in
the other suit, has supported the plaintiff of this suit.
7. The Court has framed the following 5 Issues:
1. Whether the plaintiff proves his title to
suit property?
2. Whether the defendants No.1 to 3 prove
that gift deed dated 3-10-2013 in favour
of defendant No.4 is an outcome of fraud
and undue influence?
3. Whether the plaintiff proves that
defendant No.1 to 3 are illegal trespassers
of "B" schedule property?
4. Whether the plaintiff is entitled for the
reliefs as prayed?
5. What Order or Decree?
8. The plaintiffs No.1 to 3 in O.S.No.599/2014,
have examined themselves as P.Ws.1 to 3 and
examined 3 more witnesses, Head Master, Principal
and Step-brother of deceased S.M.Ramachandra, and
got 32 documents marked.
8 OS No.599/14 c/w.OS No.5458/14
9. The plaintiff and defendant No.4 in O.S.No.
5458/2014 have examined themselves as D.W.4 and
1 respectively, and got 2 more witnesses, witness to
marriage of defendant No.4 with deceased on
4-12-1997 and witness to Gift Deed, and 63
documents marked.
10. Heard counsels for both sides.
11. The answers to Issues in O.S.No.599/2014 are
as follows:
Issue No.1 - Partly in the Affirmative,
Issue No.2 - In the Negative,
Issue No.3 - In the Negative,
Issue No.4 - in the Affirmative,
Issue No.5 - Partly Affirmative and
Partly Negative,
Issue No.6 - As per Final Order,
Addl. Issue No.1 - In the Negative,
Addl. Issue No.2 - In the Negative.
12. The answer to Issues in O.S.No.5458/2014 are
as follows:
Issue No.1 - In the Affirmative,
Issue No.2 - In the Negative,
Issue No.3 - In the Affirmative,
Issue No.4 - In the Affirmative,
Issue No.5-As per Final Order, for the following:
9 OS No.599/14 c/w.OS No.5458/14
REASONS
13. Issue No.1 in O.S.No.599/2014: The plaintiffs
No.1 to 3 in O.S.No.599/2014 have produced
certified copies of S.S.L.C. Marks Card of plaintiffs
No.2 and 3, that shows, Ramachandra as father and
Sharadamma as mother, Exs.P8 and P9, Voter Card,
Exs.P11 and P12 of plaintiffs No.2 and 3, Study
Certificate of Plaintiff No.2, Ex.P13, Transfer
Certificates Attested copies of plaintiffs No.2 and 3,
Exs.P15 and P16, all show clearly that plaintiffs No.2
and 3 are sons of late S.M.Ramachandra and plaintiff
No.1. P.Ws.4 and 5 have identified Ex.P13, Study
Certificate and Ex.P15, Transfer Certificate,
respectively.
14. However, PW1, i.e., plaintiff No.1, in her
evidence, page No.26, 2nd paragraph has admitted in
cross-examination by defendant No.1 that one,
Jayalakshmi is first wife of Ramachandra, and she is
not divorced by Ramachandra. This clearly shows
that plaintiff No.1 is not the legally wedded wife of
late S.M.Ramachandra, and plaintiffs No.2 and 3 are
not born out of legitimate wed-lock. They are
illegitimate wife and children, and hence the Issue is
answered partly in Affirmative.
15. Issue No.2 in O.S.No.599/2014: Exs.D12 to
D14, Compromise Decree in O.S.No.75/2013 passed
10 OS No.599/14 c/w.OS No.5458/14
by Learned 1st Additional Principal Judge, Family
Court, Bengaluru, on 17-9-2013, Order Sheet and
Memorandum of Agreement dated 13-9-2013,
respectively, clearly show that defendant No.1 in
O.S.No.599/2014 is illegitimate wife of late
S.M.Ramachandra, and they have two sons,
R.Mahesh and R.Vinod, studying in 10th and 8th
Standard then, which is shown in Condition No.(c)
and (d) of Exs.D12 and 14. This Decree has not been
challenged, and hence, this Issue is answered in
Negative.
16. Issue No.3 in O.S.No.599/2014 and Issue
No.2 in O.S.No.5458/2014: Both Issues are same
and hence taken together.
Late S.M.Ramachandra was an Advocate
practicing in Bengaluru and Delhi, having 2 wives, 4
children from 2nd wife, 2 children from 3rd wife i.e.,
defendant No.1 in this suit, and these circumstances
wherein Conditions of Compromise Decree were
fulfilled, do not show any fraud or undue influence in
execution of Gift Deed dated 3-10-2013, Ex.D7 and
Ex.P1, and therefore, these Issues are answered in
Negative.
17. Issue No.4 in O.S.No.599/2014 and Issue
No.3 in O.S.No.5458/2014: Both these Issues
are inter-related and hence taken together.
11 OS No.599/14 c/w.OS No.5458/14
Plaintiffs No.1 to 3 in this Original Suit are in
possession of suit schedule-B property is admitted by
defendant No.2 in this Original Suit and defendant
No.2 has even claimed possession from them in the
other suit. As the plaintiffs No.1 to 3 in O.S.No.
599/2014 are in occupation forcibly, which can be
seen from complaint dated 16-5-2015 given to
Basveshwarnagar Police Station, filed by ground floor
tenant Smt.Kamalamma, Ex.D2; Ex.D44, FIR;
Ex.D43, Charge-Sheet; Exs.D47 to D51, complaints
by plaintiff in O.S.No.5458/2014, the occupation of
plaintiffs No.1 to 3 in O.S.No.599/2014 being without
any title, shows that plaintiffs 1 to 3 in
O.S.No.599/2014 have forcefully occupied suit
B-property. This shows their illegal possession, and
hence, these Issues are answered in the Affirmative.
18. Issue No.5 in O.S.No.599/2014: The death
certificate of deceased late S.M.Ramachandra is produced
at Ex.P3. As answered above, the plaintiffs No.1 to 3 in
O.S.No.599/2014 are only entitled for relief that they are
the illegitimate wife and children of late
Shri.S.M.Ramachandra, and hence the Issue is answered
in partly Affirmative and Negative.
19. Additional Issue No.1 in O.S.No.599/2014: As
the main cause of action arose on death of deceased
on 9-11-2013, which plaintiffs No.1 to 3 came to
know on 10-11-2013, as stated in paragraphs 12 and
12 OS No.599/14 c/w.OS No.5458/14
23 of plaint and evidence of PW1, the suit for
declaration and other reliefs is in time, and therefore
this Issue is answered in the Negative.
20. Additional Issue No.2 in O.S.No.599/2014: The
settlement dated 13-9-2013 in O.S.No.75/2013 before
Learned 1st Additional Principal Judge, Family Court,
Bengaluru, shows no illegality, as it was between the
deceased husband, S.M.Ramachandra and his 3rd wife,
safeguarding interest of their 2 sons too. The same has
not been challenged by anyone before Hon'ble High Court
of Karnataka. The Compromise Decree and Settlement
are marked as Ex.D12 and D14 respectively, and the
Court has ensured about voluntariness and veracity,
which is in Order Sheet, Ex.D13, and hence, this Issue is
answered in the Negative.
21. Issue No.1 in O.S.No.5458/2014: The plaintiff/
DW4 has produced the certified copy of Registered
Sale Deed dated 4-12-2013 for having purchased the
suit properties for valuable consideration of
Rs.32,80,000/- from defendant No.4 in O.S.No.
5458/2014. The said Sale Deed is marked as Ex.D33
and the plaintiffs in O.S.No.599/2014 have also
produced the same sale deed, which is marked as
Ex.P2. The defendant No.4 in O.S.No.5458/2014,
who is the executant of the sale deed, has not
disputed the execution of the sale deed, and in her
written statement she has prayed to decree the suit
13 OS No.599/14 c/w.OS No.5458/14
of plaintiff in O.S.No.5458/2014. As such Ex.D33/P2,
having been admitted by the executant, the Court
finds that the plaintiff in O.S.No.5458/2014 has
proved his title over the suit schedule properties.
Late Shri.S.M.Ramachanda had acquired the suit
schedule properties by Hakku Patra given to mark
the celebration of 25th Year of Independence, Ex.D6.
The plaintiff in O.S.No.599/2014 has relied upon
decision in Civil Appeal No.5942/2007 between
Asokan vs. Lakshmikutty and ors. with respect to Gift
and Appeal (Crl.)314/1981 between Laxmi Devi vs.
Satya Narayan and ors. The said decisions are not
applicable to the facts and circumstances of this
case. The defendant No.1 in O.S.No.599/2014 has
relied upon the decisions reported in Laws (KAR)
2017 5 26 (K.V.Ananda Rao vs. K.V.Muralidhar and ors.)
and LAWS(KAR) 2018 4 38 (Padmavati Bai vs. Ushabai)
and the said decisions are also not applicable to the
facts and circumstances of this case, and therefore
this Issue is answered in the Affirmative.
22. Issue No.4 in O.S.No.5458/2014: The plaintiff
in O.S.No.5458/2014 has prayed for declaring that
he is absolute owner of suit schedule 'A' and 'B'
properties and for handing over the suit schedule-B
property by defendants No.1 to 3 to him and
permanent injunction restraining the defendants 1 to
4 in O.S.No.5458/2014 from disturbing his peaceful
14 OS No.599/14 c/w.OS No.5458/14
possession and enjoyment of the suit schedule
properties. The plaintiff having succeeded in proving
his title and that the defendants 1 to 3 have forcibly
taken possession of suit schedule-B property, this
Court finds that the plaintiff in O.S.No.5458/2014 is
entitled for the declaratory, possessory and
injunctive relief, and therefore this Issue is answered
in the Affirmative.
23. Issue No.6 of O.S.No.599/2014 and Issue
No.5 in O.S.No.5458/2014: For the above
reasons, this Court proceeds to pass the following:
ORDER
The suit of the plaintiffs No.1 to 3 in O.S.No.599/2014 is partly decreed, granting only the declaratory relief of personal relationship with late Shri.S.M.Ramachandra.
The suit of the plaintiff in O.S.No.5458/2014 is hereby decreed.
It is hereby declared that the plaintiffs No.1 to 3 in O.S.No.599/2014 are the illegitimate wife and children of late Shri.S.M.Ramachandra. The plaintiff No.1 is illegitimate wife of late Shri.S.M.Ramachandra and plaintiffs 2 and 3 are the sons of late Shri.S.M.Ramachandra and the plaintiff No.1.
15 OS No.599/14 c/w.OS No.5458/14The Court declares that the plaintiff in O.S.No.5458/2014 is the absolute owner of the suit schedule 'A' and 'B' properties, i.e., Property bearing No.371 in Sy.No.46 of Saneguruvanahalli Village, Yeshwanthpura Hobli, Bengaluru North, measuring 1200 square feet, comprising of ground floor and 1st floor.
This Court directs the defendants No.1 to 3of O.S.No.5458/2014 to handover the vacant possession of suit schedule-B property to the plaintiff within sixty days from today, i.e., 01-06-2019, failing which the plaintiff shall be entitled for mesne profits of Rs.5,000/- per month till the date of recovery of possession.
The defendants No.1 to 4 and their men in O.S.No.5458/2014 are restrained by order of Permanent Injunction from disturbing the peaceful possession and enjoyment of suit schedule properties by the plaintiff in O.S.No.5458/2014.
Looking into the relationship of the parties with the deceased, late Shri.S.M.Ramachandra, and his property then, there is no order as to cost.
16 OS No.599/14 c/w.OS No.5458/14Draw Decree accordingly.
(The original Judgment shall be kept in O.S.No.599/2014 and copy thereof in O.S.No.5458/2014) (Dictated to the Judgment Writer, transcription computerized, then corrected and pronounced by me in Open Court on this the 1st day of June, 2019) (Sachin Kaushik.R.N) III Addl. City Civil & Sessions Judge, Bengaluru.
SCHEDULE In O.S.No.599/2014:
Schedule-A Property: All that piece and parcel of the immovable residential premises, consisting of ground floor with RCC structure and a room in the first floor with cement sheets, bearing No.371, formed in Sy.No.46 of Saneguruvanahalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, presently comes within the BBMP limits situated at 2nd Cross, Kamalanagara, Saneguruvana halli Dhakal, Bengaluru and having a property identification No.16-54-371, measuring from East to West 40 feet and from North to South 30 feet, in total measuring 1200 sq. feet and bounded on East by-Site No.372, West and South by-Road, North by-Site No.374.
Schedule-B Property: A property in the 1st floor bearing No.371, formed in Sy.No.46 of Saneguruvanahallil Village, Yeshwanthapura Hobli, Bengaluru North Taluk, presently comes within the BBMP limits situated at 2nd Cross, Kamalanagara, Saneguruvanahallil Dhakal, Bengaluru and having a property identification No.16-54- 371, consisting of a hall, kitchen and toilet with water and electricity connection and bounded on East-Site No.372, West and South-Road and North-Site No.374.
17 OS No.599/14 c/w.OS No.5458/14In O.S.No. 5458/2014 Schedule-A Property: All that piece and parcel of the immovable house property bearing No.371, formed in Sy.No.46 of Saneguruvanahalli Village, Yeshwanthapura Hobli, Bengaluru North Taluk, presently comes within the BBMP limits and situated at 2nd Cross, Kamalanagara, Saneguruvanahalli Dhakal, Bengaluru and having property identification No.16-54-371, measuring from East to West 40 feet and from North to South 30 feet, in total measuring 1200 sq. feet, in total measuring 1200 sq. feet along with super structure thereon and bounded on East by-Site No.372, West and South by-Road, North by-Site No.374.
Schedule-B Property: All that piece and parcel of single room situated on the 1st floor with asbestos roofing, East to West 12 feet, North to South 10 feet, totally measuring 120 square feet being part of suit schedule A- property bearing No.371, formed in Sy.No.46 of Saneguruvana hallil Village, Yeshwanthapura Hobli, Bengaluru North Taluk, presently comes within the BBMP limits and situated at 2nd Cross, Kamalanagara, Saneguruvanahallil Dhakal, Bengaluru and having property identification No.16-54-371, measuring East to West 40 feet and from North to South 30 feet, in total measuring 1200 sq. feet and bounded on East by Site No.372, West and South by Road and North by Site No.374.
ANNEXURE List of witnesses examined for the plaintiffs:
P.W.1 Smt.Sharada @ Sharadamma @ Mayamma P.W.2 Sri.S.R.Manjunatha P.W.3 Sri. S.R.Dhananjaya P.W.4 Sri.Ramesh.P.N. P.W.5 Sri.G.Kanchi Raya P.W.6 Sri.S.M.Srinivasa List of witnesses examined for the defendants:
D.W.1 Usha @ Ushadevi @ Huchchamma D.W.2 Govindaraju D.W.3 D.K.Shivakumar D.W.4 K.V.Nataraj 18 OS No.599/14 c/w.OS No.5458/14 List of documents exhibited for the plaintiffs: Ex.P1 - certified copy of Gift Deed dated 3-10-2013 Ex.P1(a) - signature of S.M.Ramachandra Ex.P2 - certified copy of sale deed dated 4-12-2013 Ex.P3 - Death Certificate of S.M.Ramachandra Ex.P4 - Legal Notice Exs.P5 to P7-Postal receipts and Postal Acknowledgment Exs.P8 & P9 - certified copy of Marks Cards Exs.P10 to P12 - certified copy of Voters ID Cards Ex.P13 - Study Certificate of plaintiff No.2 Ex.P13(a) - signature of PW4 Ex.P14 - Letter of H.M. Primary School, K.Kalkere Exs.P15 & P16 Attested Transfer Certificates Ex.P17 - Letter of late S.M.Ramachandra dtd.7-5-95 Exs.P18 & P19-Inland letters dt.28-5-94 of Ramachandra Ex.P20 -Marriage ceremony CD of plaintiff No.2 Exs.P21 to P23-Epic Cards of PW1, plaintiffs 2 and 3 Exs.P24 & P25-Aadhar Cards of plaintiff Nos.2 & 3 Ex.P26 - Wedding Invitation of plaintiff No.2 Ex.P27 -copy of Attendance Register of plaintiff No.2 Ex.P27(a) - Relevant portion at Sl.No.90 Exs.P28 & P29 - Documents maintained by PW5's college Exs.P30 & P31 -copy of Ex.P16 and record of PW5's school Exs.P29(a) & P31(a) - Signatures of parents of students Ex.P32 - Aadhar Card List of documents exhibited for the defendants: Ex.D1 -extract of Birth Register Ex.D1(a) - Relevant entry Exs.D2 to D4-copy of Police complaint, Statement and Police complaint dtd.16-5-2015 Ex.D5 - original registered Will dtd. 24-11-1997 Ex.D6 - original Hakku Patra Ex.D7 - Original registered Gift Deed dtd.3-10-2013 Ex.D7(a) signature of S.M.Ramachandra Ex.D8 - original registered Declaration dtd.4-12-2013 Ex.D9 - BBMP Uttara patra Exs.D10 & D11-BBMP katha Certificate and khata extract Exs.D12 to D14- certified copy of decree, Order Sheet, Memorandum of Agreement in O.S.No.75/2013 Ex.D15 -Death Certificate of S.M.Ramachandra Ex.D16 - Wedding Invitation Exs.D17&D18 - Voter Card and Aadhar Card of DW1 19 OS No.599/14 c/w.OS No.5458/14 Ex.D19 - c.c. of SSLC Marks Card of Mahesh Chandra Ex.D20 -Progress Report of Vinodh Kumar Ex.D21 - Endorsement of Basaveshwaranagar PS Ex.D22 - NCR Triplicate Ex.D22(a) - copy of Police complaint Exs.D23 to D26 & D27-Photographs and C.D. Ex.D28 -Letter of Bar Council of Delhi dtd.23-12-2015 evidencing payment of pension to DW1 Ex.D29 -Ration Card Surrender Certificate Ex.D30 - Birth Certificate of plaintiff No.2 Ex.D31 - Mutation extract Ex.D32 - Entire File obtained under RTI Act from BBMP Ex.D33 - certified copy of sale deed dtd.4-12-2013 Ex.D34 & D35 - certified copies of Order sheet and charge framed in CC No.5782/2014 Exs.D36 to D40- evidence of Lakshmi Narasimha Raju, Nataraju, Santosh, Sandesh Kumar and Siddalingaiah Exs.D41 to D44 - complaint filed by DW4, spot Mahazar, charge sheet and FIR in CC 5781/2014 Exs.D45 & D46 statement of Sandesh Kumar and Santosh in CC No.5781/2014 Ex.D47 to D51- complaints filed by DW4 in CC No.5781/2014 Exs.D47(a) & D50(a) - postal receipts Ex.D52 - c.c. of Order on IA No1 in O.S.No.599/2014 Ex.D53 - c.c. of Order in Misc.Petn.No.701/2015 Ex.D54 - Encumbrance Certificate Ex.D55 - Information obtained under RTI Act Ex.D56 - BBMP endorsement Exs.D57 & D58 - Photographs of suit property Ex.D59 - CD Ex.D60 - certified copy of Order sheet in OS 9465/2013 Ex.D61 - certified copy of Wound Certificate Ex.D62 - certified copy of Deposition in CC No.205/1990 Ex.D63 - Obituary Ceremony card (Sachin Kaushik.R.N) III Addl. City Civil & Sessions Judge, Bengaluru.