Bangalore District Court
Sri Lokesh Reddy Son Of Srinivasa Reddy vs Sri K.M. Nagesh S/O. K.M. Muddaiah on 8 April, 2019
IN THE COURT OF XIII ADDL. CITY CIVIL & SESSIONS JUDGE,
MAYOHALL UNIT, BENGALURU (CCH-22)
Present: Smt. Suvarna K. Mirji, B.Com., LL.B.(Spl).,
XIII ADDL. CITY CIVIL & SESSIONS JUDGE
BENGALURU.
O.S.No. 25507/2008
Dated this 8th day of April 2019
Plaintiff/s:- Sri Lokesh Reddy son of Srinivasa Reddy,
Hindu, major, residing at No.99/3,
Sri Rajarajeshwari Nilaya, Kaggadasapura Main Road,
C.V. Raman Nagar Post, Bangalore 560 093.
(Rep by Sri H.R. Ananthakrishnamurthy & Associates, Advocates)
V/S
Defendant/s:- Sri K.M. Nagesh S/o. K.M. Muddaiah, Hindu,
aged about 42 years, residing at No.6,
Jayashree Nilaya, behind Priya Store,
Channakeshwanagar, Hosur Road,
Bangalore 560 100.
(Exparte)
Date of Institution of the suit 19.03.2008
Nature of the (Suit or pro-note, suit for declaration and
possession, suit for injunction, etc.)
Injunction
Date of the commencement of recording of the Evidence. 17.02.2017
Date on which the Judgment was pronounced. 08.04.2019
Year/s Month/s Day/s
Total duration 11 0 19
XIII ADDL.CITY CIVIL AND SESSIONS JUDGE,
Mayohall Unit: Bengaluru
.
2 O.S.No.25507/2008
:J U D G M E N T:
The plaintiff filed suit against the defendant for permanent injunction.
2. The Brief facts of plaint averments is as under:
The plaintiff submits that he is the absolute owner of the suit schedule property mentioned below:-
SCHEDULE-A All that piece and parcel of Sy.No.52/1, measuring 2 acres 10 guntas of parappana Agrahara village, Begur Hobli, Bangalore South taluk and bounded on East by land bearing Sy.No.52/2, west by land bearing Sy.No.62/1, North by land bearing Sy.No.63/1, south by land bearing Sy.No.62/3. The plaintiff further submits that he has purchased the same under registered sale deed dated 24.3.1999 from his vendors Bhvani Reddy, Kavitha Reddy and B. Vinod Reddy. His vendors father P.V. Balakrishna Reddy got the suit schedule property under registered partition deed dated 25.9.1948 which is his ancestral property. The plaintiff is in possession and enjoyment of the suit schedule 'A' property by paying 3 O.S.No.25507/2008 taxes to the concerned authority. The defendant has no manner of right, title or interest over the suit schedule 'A' property and the same is not converted for non agricultural purposes. One Gulzar claims that P.V. Balakrishna Reddy has executed power of attorney in his favour in respect of the suit schedule property. The said P.V. Balakrishna Reddy has not executed any power of attorney and if any power attorney executed by him, is cancelled. The said Gulzar sent reply notice on 1.4.1989 claiming that he had sold agricultural lands bearing Sy.No.62/3 measuring 3 acres 8 guntas, Sy.No.60/2 measuring 3 acres 16 guntas Sy.No.60/3 measuring 2 acres 29 guntas, Sy.No.61/4 measuring 39 guntas and Sy.No.60/2 measuring 3 acres 16 guntas. The suit schedule property was not sold.
3. The plaintiff further submits that P.V. Balakrishna Reddy instituted suit in O.S. No. 2949/1989 against Gulzar and also against M. Narayanappa and others for permanent injunction. The said Gulzar also filed suits in O.S.No.4137/1989, O.S.No.4138/89, O.S.No.4140/89, O.S.No.4142/89, O.S.No.4143/89 and O.S.No.4231/89, 4 O.S.No.25507/2008 wherein the court passed orders on IA No.2 in O.S.No.4931/89 vacating the grant of temporary injunction. When the power of attorney executed by P.V. Balakishna Reddy in favour of Gulzar as been cancelled under termination notice dated 1.4.1989 Gulzar had no right to act on the power of attorney and enter into various transactions. The defendant herein claims to have purchased property bearing site No.201 formed in Sy.No.60/2 of Prappana Agrahara, Bangalore South Taluk, from Mohammed Haroon Abid under deed of registered sale dated 5.8.2006. Mahammed Haroon Abid inturn claims title from M. Narayanappa. In the suit filed by P.V. Balakrishna Reddy against Gulzar, the said M. Narayanappa is also one of the defendants. During the pendency of the suit he could not have transferred any right in the property. The defendant has no right, title or interest in or over the suit schedule property. The defendant is trying to interfere with the possession and enjoyment of the plaintiff's property. As the predecessors of the defendant have no right, even in respect of Sy.No.60/2 in which suits are pending they had no right, 5 O.S.No.25507/2008 title to transfer the property to defendant's name. In the guise of construction on Sy.No.60/2, the defendant is trying to encroach and construct on Sy.No.52/1. That Sy.No.52/1 and Sy.No.60 are adjacent lands. After filing of the suit defendant encroached the property measuring East to west 30 feet and North to south 40 feet. The entire property is described in the schedule to the plaint and the portion encroached by the defendant is described in suit schedule 'B' as under:
SCHEDULE 'B' Portion of the plaint schedule property bearing Sy.No.52/1 of Parappana Agrahara village, Begur Hobli, Bangalore south taluk, measuring East to West 30 feet North to South 40 feet encroached by defendant being a part of the portion of a schedule property, bounded on the East by suit schedule 'A' property West by private property North by suit schedule 'A' property South by suit schedule 'A' property.
4. The plaintiff further submits that cause of action for the suit arose on 16.3.2008 on which date the defendant with his supporters tried to enter upon the suit schedule property and 6 O.S.No.25507/2008 the plaintiff resisted the acts of the defendant. The plaintiff prays to decree the suit for permanent injunction to restrain the defendant, his agents, servants, assigns or any other persons acting or claming on their behalf from entering upon or in any way interfering with the peaceful possession and enjoyment of the suit schedule property and for costs.
5. The suit summons issued to the defendant through RPAD returned unserved and thereafter suit summons were issued through paper publication which was duly published and inspite of service of summons the defendant did not appear before the court. Hence he was placed exparte. The plaintiff examined as PW.1 marked documents ExP1 to ExP52.
6. The plaintiff counsel argued. Perused the records.
7. The points arise for my consideration are as under.
(1) Whether the plaintiff has made out prima facie ground to decree the suit? (2) What orders?
8. My finding on the above points are:-
7 O.S.No.25507/2008
Point No.1: In Affirmative Point No.2: See final orders for following:
:REASONS:
9. Point No.1:
The plaintiff S. Lokesh Reddy filed his affidavit in lieu of examination in chief as PW.1 and deposed evidence that he is the absolute owner of the suit schedule 'A' property bearing Sy.No.52/1, measuring 2 acres 10 guntas of parappana Agrahara village, Begur Hobli, Bangalore South taluk having purchased the same under registered sale deed dated 24.3.1995 from his vendors Bhavani Reddy, Kavitha Reddy and B. Vinod Reddy. Father of his [PW1's] vendors P.V. Balakrishna Reddy got the suit schedule property under registered partition deed dated 25.9.1948 which is his ancestral property. He is in possession and enjoyment of the suit schedule 'A' property by paying taxes to the concerned authority. The defendant has no manner of right, title or interest over the suit schedule 'A' property and the same is not converted for non agricultural purposes. One Gulzar claims that P.V. Balakrishna Reddy has executed power of 8 O.S.No.25507/2008 attorney in his favour in respect of the suit schedule property. P.V. Balakrishna Reddy has not executed any power of attorney and if any power attorney executed by him, is cancelled. The said Gulzar sent reply notice on 1.4.1989 claiming that he had sold agricultural lands bearing Sy.No.62/3 measuring 3 acres 8 guntas, Sy.No.60/2, measuring 3 acres 16 guntas Sy.No.60/3 measuring 2 acres 29 guntas, Sy.No.61/4, measuring 39 guntas and Sy.No.60/2 measuring 3 acres 16 guntas. The suit schedule property was not sold. The said P.V. Balakrishna Reddy instituted suit in O.S.No.2949/1989 against Gulzar and also against M. Narayanappa and others for permanent injunction. The said Gulzar also filed suits in O.S.No.4137/1989, O.S.No.4138/89, O.S.No.4140/89, O.S.No.4142/89, O.S.No.4143/89 and O.S.No.4231/89, wherein the court passed orders on IA No.2 in O.S.No.4931/89 vacating the grant of temporary injunction. When the power of attorney executed by P.V. Balakishna Reddy in favour of Gulzar has been cancelled under termination notice dated 1.4.1989 Sri Gulzar had no right to act on the power of attorney and enter 9 O.S.No.25507/2008 into various transactions. The defendant claims to have purchased property bearing site No.201 formed in Sy.No.60/2 of Prappana Agrahara, Bangalore South Taluk, from Mohammed Haroon Abid under deed of registered sale dated 5.8.2006. Mahammed Haroon Abid inturn claims title from M. Narayanappa. In the suit filed by P.V. Balakrishna Reddy against Gulzar, the said M. Narayanappa is also one of the defendants. During the pendency of the suit he could not have transferred any right in the property. The defendant has no right, title or interest in or over the suit schedule property. The defendant is trying to interfere with the possession and enjoyment of the plaintiff's property. As the predecessors of the defendant have no right, even in respect of Sy.No.60/2 in which suits are pending they had no right, title to transfer the property to defendant's name. In the guise of construction on Sy.No.60/2, the defendant is trying to encroach and construct on Sy.No. 52/1. That Sy.No. 52/1 and Sy.No.60 are adjacent lands. After filing of the suit defendant encroached the property measuring East to west 30 feet and North to south 40 feet. The entire property is 10 O.S.No.25507/2008 described in the suit schedule 'B'. On 16.3.2008 the defendant with his supporters tried to enter upon the suit schedule 'A' property and he resisted the act of the defendant. Hence he is constrained to file the suit. The PW.1 prays to decree the suit as prayed in the plaint.
3. In support of oral evidence the PW.1 marked documents ExP1 to ExP52. ExP1 is the Certified copy of sale deed dated 24.3.1995 in respect of the suit schedule property executed by Bhavani Reddy, B. Vinod and Kavitha Reddy in favour of the plaintiff. The Ex.P2 is sketch of Parappana Agrahara, Begur Hobli, Bengaluru Taluk. The ExP3 is Certified copy of Encumbrance Certificate in respect of the suit schedule property, wherein there is entry for the purchase of the suit schedule property building the plaintiff from Bhavani Reddy, B. Vinod and Kavitha Reddy.
The ExP4 is Certified copy of registered partition deed dated 25.9.1948 entered into between family members of Late P. Parappa Reddy, namely Lakshmamma and minor Krishnareddy, represented by his guardian mother on the one part and Sri P. Srinivasa Reddy on the other part, in 11 O.S.No.25507/2008 which schedule 'B' of the partition deed allotted to the share of Sri. P.Srinivasa Reddy. The ExP5 is Certified copy of GPA executed by P.V. Balakrishna Reddy in favour Gulzar S/o Ibrahim Khan. The ExP6 is notice issued by P.V. Balakrishna Reddy S/o Verappa Reddy to Gulzar informing about the cancellation of General power of attorney. The ExP7 is public notice given in the news paper about the cancellation of General power attorney executed by P.V. Balakrishna Reddy S/O Veerappa Reddy in favour of Gulzar. The ExP8 is Certified copy of the reply given by Gulzar to the advocate of Balakrishna Reddy to the notice issued by him. The ExP9 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1985-86 till 1998-99 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP10 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1990-91 till 1994-95 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP11 is Record of Rights of land bearing 12 O.S.No.25507/2008 Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1995-96 till 1996-97 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP12 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1995-96 till 1996-97 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP13 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1997-98 till 2000-01 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP14 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2001-2002 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP15 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2002-2003 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP16 is Record of Rights of land bearing Sy.No.52/1 measuring 2 13 O.S.No.25507/2008 acres 10 guntas of Parappana Agrahara for the year 2003- 2004 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP17 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2004-2005 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP18 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2005-2006 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP19 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2006-2007 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP20 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2007-2008 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP21 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2008- 14 O.S.No.25507/2008 2009 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP22 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2009-2010 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP23 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2010-2011 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP24 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2011-2012 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP25 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2012-2013 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP26 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2013- 2014 discloses name of P.V. Balakrishna Reddy as owner 15 O.S.No.25507/2008 and occupant of the property. The ExP27 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2014-2015 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP28 is Record of Rights of land bearing Sy.No.52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2015-2016 discloses name of P.V. Balakrishna Reddy as owner and occupant of the property. The ExP29 is Certified copy of receipt for payment of tax for the years 1999-2000 by P.V. Balakrishna Reddy. The ExP30 to ExP32 and ExP34 to ExP40 are the receipts for payment of tax. The ExP33 is receipt for payment of water tax. The ExP41 is endorsement issued by Village Accountant of Hongasandra circle, Begur Hobli, Bangalore South taluk, stating that for the year 2001-2002 till the year 2002 there is no balance of tax to be payable by the owners of land bearing Sy.No.52/1, Sy.No.53/1, Sy.No.55/1, Sy.No.60/2, Sy.No.61/1, Sy.No.61/2, Sy.No.61/4 and Sy.No.62/3 of Parappana Agrahara village. ExP42 and ExP43 are the Certified copy of Receipt Patta 16 O.S.No.25507/2008 books, ExP44, ExP45 and ExP46 are the Certified copy of Index of lands relating to suit schedule property discloses name of P.V. Balakrishna as owner of the suit schedule property, ExP47 is the record of rights, ExP48 is the sketch of the suit schedule property. The ExP49 is proceedings in R.A. No.338/07-08 before Asst. Commissioner of Bangalore South Sub Division, Bangalore. The ExP50 is direction given by the Asst. Commissioner of Bangalore South Sub Davison to the Tasildar for production of documents of Sy.No.52 of Prappana Agrahara which is required in appeal. The ExP51 is Certified copy of Vakalath.
4. The above said documents furnished by the plaintiff discloses that the suit schedule property is standing in the name of one P.V. Balakrishna Reddy. The said P.V. Balakrishna Reddy is the father of Bhavani Reddy, Kavitha Reddy and B. Vinod Reddy and that he purchased the suit schedule property from the said three persons under registered sale deed. The plaintiff contends that on the basis of the said sale deed in respect of the suit schedule property he is in possession and enjoyment of the suit schedule 17 O.S.No.25507/2008 property. But, the plaintiff herein has filed the present suit for bare injunction with a prayer to restrain the defendant from interfering with his peaceful possession and enjoyment of the suit schedule property. But, the record of rights filed by the plaintiff as discussed above from the year 1998-1999 to 2015-2016 discloses name of P.V. Balakrishna Reddy as owner of the suit schedule property. There is no entry of the name of the plaintiff in record of rights of the suit schedule property. As per ExP1 the plaintiff purchased the suit schedule property on 24.3.1995. But, why the plaintiff has not got mutated Khatha of the suit schedule property and got entered his name in the records is not explained by the plaintiff. Moreover as per ExP1 the plaintiff purchased the suit schedule property from Bhavani Reddy, B. Vinod and Kavitha Reddy, but he has not produced any documents showing the name of all the three persons in the record of rights so as to clarify the same. The plaintiff has not examined his vendors Bhavani Reddy, B. Vinod and Kavitha Reddy in this case. Even the tax paid receipts furnished by the plaintiff as discussed above also discloses 18 O.S.No.25507/2008 name of P.V.Balakrishna Reddy. There is no single document produced by the plaintiff to show his name appearing in the revenue documents in respect of the suit schedule property. Therefore, the plaintiff has utterly failed to prove that as on the date of suit, he is in possession and enjoyment of the suit schedule property and the defendant caused interference to his possession and enjoyment over the suit schedule property. Therefore, the plaintiff has failed to make out prima facie case to decree the suit. Hence I answer point No.1 in Negative.
5. Point No.2 :-
In view of above discussion I proceed to pass following:
:ORDER:
The suit of the plaintiff is hereby dismissed with costs.
Draw decree accordingly.
(Dictated to the Judgment Writer, transcript thereof corrected and then pronounced by me in the open court on this 8th day of April, 2019).
(Smt.Suvarna K. Mirji) XIII ADDL.CITY CIVIL AND SESSIONS JUDGE MAYOHALL UNIT; BANGALORE 19 O.S.No.25507/2008 :ANNEXURE:
WITNESSES EXAMINED FOR PLAINTIFFS:
PW1 Mr. S. Lokesh Reddy DOCUMENTS MARKED FOR PLAINTIFFS: Ex.P1 Certified copy of sale deed dated 24.3.1995 in respect of the suit schedule property executed by Smt. Bhavani Reddy, Smt. B. Vinod and Smt. Kavitha Reddy, in favour of the plaintiff herein. Ex.P2 sketch of Parappana Agrahara, Begur Hobli, Bengaluru Taluk.
Ex.P3 Certified copy of Encumbrance Certificate in respect of the suit schedule property Ex.P4 Certified copy of registered partition deed dated 25.9.1948 in respect of the suit schedule property Ex.P5 Certified copy of GPA executed by Sri P.V. Balakrishna Reddy in favour Sri Gulzar son of Sri Ibrahim Khan.
Ex.P6 Notice issued by Sri P.V. Balakrishna Reddy son of Sri Verappa Reddy to Sri Gulzar informing about the cancellation of G.P.A. Ex.P7 Public notice given in the news paper about the cancellation of GPA executed by Mr. P.V. Balakrishna Reddy Ex.P8 Certified copy of the reply given by Mr. Gulzar to the advocate of Sri Balakrishna Reddy to the notice issued by him.
20 O.S.No.25507/2008Ex.P9 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1985-86 till 1998-99 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P10 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1990-91 till 1994-95 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P11 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1995-96 till 1996-97 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P12 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1995-96 till 1996-97 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P13 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 1997-98 till 2000-01 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P14 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2001-2002 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P15 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2002-2003 which 21 O.S.No.25507/2008 discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P16 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2003-2004 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P17 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2004-2005 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P18 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2005-2006 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P19 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2006-2007 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P20 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2007-2008 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P21 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2008-2009 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
22 O.S.No.25507/2008Ex.P22 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2009-2010 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P23 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2010-2011 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P24 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2011-2012 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P25 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2012-2013 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P26 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2013-2014 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P27 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2014-2015 which discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P28 Record of Rights of land bearing Sy.No. 52/1 measuring 2 acres 10 guntas of Parappana Agrahara for the year 2015-2016 which 23 O.S.No.25507/2008 discloses Mr. P.V. Balakrishna Reddy as owner and occupant of the property.
Ex.P29 Certified copy of receipt for payment of tax for the years 1999-2000 by Sri P.V. Balakrishna Reddy.
Ex.P30 to 32 and Ex.P34 to 40 are the receipts for payment of tax.
ExP33 Receipt for payment of water tax. Ex.P41 Endorsement issued by Village Accountant of Hongasandra circle, Begur Hobli, Bangalore South taluk ExP42 and 43 are the Certified copy of Receipt Patta books, Ex.P44 Certified copy of Index of lands relating to suit schedule property discloses name of P.V. Balakrishna to the suit schedule property.
Ex.P44, 45 and 46 are index of lands
Ex.P47 Record of rights
Ex.P48 Sketch of the suit schedule property.
Ex.P49 Proceedings in R.A. No.338/07-08 before Asst.
Commissioner of Bangalore South Sub
Division, Bangalore.
Ex.P50 Direction given by the Asst. Commissioner of
Bangalore South Sub Davison to the Tahsildar for production of documents of Sy.No. 52 of Prappana Agrahara, which is required in appeal.
Ex.P51 Certified copy of Vakalath
24 O.S.No.25507/2008
WITNESSES EXAMINED FOR DEFENDANT/S:
NIL
DOCUMENTS MARKED FOR DEFENDANT/S:
NIL
XIII ADDL.CITY CIVIL AND SESSIONS JUDGE MAYOHALL UNIT; BANGALORE.
25 O.S.No.25507/20088.4.2019 Plaintiff - Sri APN D - Exparte Judgment pronounced in the open court (Vide separate detailed Judgment) The suit of the plaintiff is hereby dismissed with costs.
Draw decree accordingly.
XIII ADDL.CITY CIVIL AND SESSIONS JUDGE MAYOHALL UNIT; BANGALORE