Bangalore District Court
Shabeena Parveen vs The Commissioner, Bbmp on 2 May, 2025
KABC0A0022782024
IN THE COURT OF THE XXVI ADDL. CITY CIVIL & SESSIONS
JUDGE, AT MAYO HALL, BENGALURU (CCH.20)
P r e s e n t:
Smt.Sujata.M.Sambrani, B.Com. LL.B.,
XXVI Addl. City Civil & Sessions Judge, Bengaluru
Dated this the 2nd day of May, 2025
O.S.No.25649/2024
Plaintiff:- Smt. Shabeena Parveen,
W/o Ishaq Ahmed,
Aged about 49 years,
R/at No.10, Reading Room Street,
JC Nagar, MR Palya,
Bengaluru-560 006.
[By Sri. Kumara R S Gowda-Advocate]
Vs.
Defendants:- 1. The Commissioner,
Bruhat Bengaluru Mahanagara Palike,
Bengaluru.
2 OS No.25649/2024
2. The Medical Officer of Health (East),
Birth & Death Certificate Issuing Range
Office, 14th Floor, PU Building,
Mayohall, Bengaluru.
[By HH- Advocate]
Date of Institution of suit: 15.07.2024
Nature of the Suit (Suit for Pronote, Suit
for Declaration and Possession, Suit for Declaration Suit
Injunction, etc.):
Date of Commencement of recording of 04.11.2024
evidence:
Date on which the Judgment was 02.05.2025
pronounced:
Total Duration:
Years Months Days
00 09 17
(Sujata.M.Sambrani)
XXVI A.C.C. & S.Judge, Mayo Hall
Bangalore.
3 OS No.25649/2024
J U D G M E N T
This is a suit filed by the plaintiff seeking the relief of declaration, to declare that the name of the deceased Smt. Ghouse Bee @ Noor Sultana Begum and directing the Defendants to issue fresh death certificate of Smt. Ghouse Bee @ Noor Sultana Begum to the Plaintiff by rectifying the mistake crept in the death certificate. cost and such other reliefs.
2. The brief facts of the plaint are as under:-
The Plaintiff is the absolute owner of the property bearing Old Municipal No.319, Old Municipal No.253/1 of Munireddypalya, now assigned as New Municipal No.10, situated at Reading Room Street, Muniswamappa Road, Old BBMP Ward No.97, presently BBMP Ward No.46, Bengaluru 4 OS No.25649/2024 measuring totally 1190 sq.ft., RCC roofed house consists of ground floor and first floor. The said property is acquired by the Plaintiff under the Registered Gift Deed dtd.22.02.2017 executed by Smt. Ghouse Bee @ Noor Sultana Begum. During the lifetime of said Smt. Ghouse Bee @ Noor Sultana Begum, the Plaintiff was taking care of her and also providing all the day today needs. The said Smt. Ghouse Bee @ Noor Sultana Begum had no issues. On the basis of the said fact, she has executed a Gift Deed in favour of the Plaintiff since the Plaintiff has taken care of her. Due to old age ailments, she has died on 02.04.2018. During her lifetime, the said Smt. Ghouse Bee @ Noor Sultana Begum was residing with the Plaintiff and the Plaintiff had conducted the funeral ceremony of the said Smt. Ghouse Bee @ Noor Sultana Begum. During the funeral ceremony, the Plaintiff has given the correct details 5 OS No.25649/2024 of Smt. Ghouse Bee @ Noor Sultana Begum, but burial ground authorities of Khudose Sahib have issued cemetery report on 10.04.2018 in which they have wrongly mentioned the name of deceased as Smt. Ghouse Bee. The said mistake crept in the cemetery report with regard to deceased name as Smt. Ghouse Bee in the place of Smt. Ghouse Bee @ Noor Sultana Begum.
At that the Plaintiff has not noticed the same. After the demise of Smt. Ghouse Bee @ Noor Sultana Begum, the Plaintiff has applied for death certificate. At that time, based on the cemetery report and the aadhar card, the Defendant No.2 authority had issued death certificate of Smt. Ghouse Bee @ Noor Sultana Begum stating the name of Smt. Ghouse Bee only. In the aadhar card and widow pension card her only name is mentioned as Noor Sultana Begum. During the lifetime of Smt. Ghouse Bee @ Noor Sultana Begum she had 6 OS No.25649/2024 made some saving in the bank. After her demise, the Plaintiff being the taken care of her, approached the bank authority to release the said amount in her favour and furnished all relevant documents of the deceased. But due to the mistake in the death certificate, the authorities refused to release the amount. Therefore the rectification in the death certificate of Smt. Ghouse Bee @ Noor Sultana Begum is very much required for the Plaintiff. The Plaintiff having no other alternative, she has issued statutory legal notice dtd.25.06.2024 and the same was duly served upon the Defendants. But the Defendants have failed to comply with the demands and requests. Hence this suit.
3. After service of summons, the Defendant Nos.1 and 2 appeared before the court and filed the Written Statement. 7 OS No.25649/2024 The Defendants have contended that, there is no documents to show that Smt. Ghouse Bee and Noor Sultana Begum are one and the same. After her demise, the Plaintiff is seeking to declare both are same. When there is no documents to prove the same, the Plaintiff is not entitled for the relief. It is further submitted that, there is no documents to show that, both are one and the same persons and the aadhar card shows one name and passport shows another name. Without any concrete proof, it is impossible to believe that both are one and the same. It is further submitted by the Defendants that, the Defendant authority has issued death certificate on the basis of records provided. Once the death certificate issues, it cannot reissue the death certificate in the name of same person with changes as the Plaintiff is now seeking. Unless there is a court order, the Defendants have no right to change name or 8 OS No.25649/2024 any other details of the deceased person in the death certificate once issues. Hence prayed to dismiss the suit.
4. Based on the above pleadings, the following Issues have been framed in the case:-
I S S U E S
1. Whether the plaintiff proves that, the correct name of deceased person is Smt. Ghouse Bee @ Noor Sultana Begum and not Smt. Ghouse Bee as mentioned the her death certificate?
2. Whether the Plaintiff is entitled for the relief of declaration as prayed?
3. Whether the Plaintiff is entitled for the relief of issue of rectified fresh death certificate of Smt. Ghouse Bee @ Noor Sultana Begum as prayed?
4. What order or decree?9 OS No.25649/2024
5. In order to prove the case, the GPA holder of plaintiff got himself examined as PW1 and produced 15 documents which are marked at Ex.P1 to Ex.P15. On the other hand, defendants have not lead any evidence.
6. Heard and perused.
7. For the reasons stated in the subsequent paragraphs, I answer above Issues as follows:-
Issue No.1:- In the Negative, Issue No.2:- In the Negative, Issue No.3:- In the Negative, Issue No.4:- As per final order for the following:-
R E A S O N S
8. Issue Nos.1 to 3:- These issues are interconnected and have been taken up together for consideration to avoid repetition of discussions.10 OS No.25649/2024
The Plaintiff by filing by filing this suit has sought for rectification in the death certificate of Smt. Ghouse Bee by incorporating her correct name as Smt. Ghouse Bee @ Noor Sultana Begum. Inorder to establish the same, the Plaintiff husband is examined as PW1 as GPA holder of the Plaintiff. In support of the pleadings, the GPA holder of the Plaintiff has filed an affidavit in the form of affidavit reiterating the contents of plaint averments. In support of chief examination of affidavit, the GPA holder of the Plaintiff has produced 15 documents, which are marked as Ex.P1 to Ex.P15.
9. On perusal of the documents, it appears that, the Ex.P1 is the original GPA dtd.15.10.2024 executed by the Plaintiff in favour of her husband to conduct the court proceedings. The Ex.P2 is the death certificate of Smt. Ghouse 11 OS No.25649/2024 Bee, in which the name of the deceased persons is mentioned as Ghouse Bee W/o Mohammed Yousuff and it appears that, Smt. Ghouse Bee died on 02.04.2018. This is the document in which only the Plaintiff has sought for correction in the name of the deceased persons as Smt. Ghouse Bee @ Noor Sultana Begum.
10. Inorder to establish the name of the deceased persons as contended by the Plaintiff, the Plaintiff has produced the widow pension identity card as Ex.P3, in which the name of the widow is mentioned as Noor Sultana Begum W/o Mohammed Yosuff. The Ex.P4 is the ration card issued by the competent authority, which appears the name of Mohammed Yousuff. The Ex.P5 is the passport issued by the Passport authority in which the name is mentioned as Smt. Ghouse Bee. 12 OS No.25649/2024 The Ex.P6 is the Identity card issued by the Election Commission of India, which reveals the name as Kowz Ben W/o Mohammed Shaddin. This Ex.P6 bears the completely different name with different husband name. The Ex.P7 is the aadhar card issued by the complete authority, in which the name of the person is mentioned as Noor Sultana Begum W/o Late Mohammed Yousuff. Likewise, the letter issued by Syndicate Bank authorities reveals the name of the account holder as Mrs. Noor Sultana Begum. The Ex.P9 is the Membership card issued by the Bangalore Central Co-operative Bank Ltd., in which the name of the persons is mentioned as Smt. Ghouse Bee. The Ex.P10 is the endorsement issued by the Health Officer, Birth & Death of BBMP, in which the deceased persons name is mentioned as Ghouse Bee W/o Mohammed Yousuff. 13 OS No.25649/2024 These are the documents on which the Plaintiff is relied to establish her case.
11. On perusal of these documents, it clear that, none of these documents establishes that, both the persons are one the name. Even the identity card issued by Election Commission of India appears different name with different husband name to the same persons. Therefore the contentions of the Defendants as to there is no documents to show that the Ghouse Bee and Noor Sultana Begum are one the same holds good. Except the copy of the Gift Deed on record, which is not marked by the Plaintiff on their behalf, all the other documents bears different name of the person, which are issued by the competent authorities to the citizens of India. Even during the lifetime of said Ghouse Bee, she has not sought for any change in her 14 OS No.25649/2024 name and she has not sought any rectification in her name. Based on the cemetery report and the aadhar card, the Defendant No.2 authority had issued death certificate of Smt. Ghouse Bee. Therefore based on the documents produced by the Plaintiff, it cannot be ascertained that, the Smt. Noor Sultana Begum and Ghouse Bee are one and the same person. As contended by the Plaintiff herself, based on the information provided to the burial ground authority, the Defendants have mentioned the name of the deceased person in the death certificate. There is no documents to show that, both are the same persons and the aadhar card shows one name and passport shown another name. Without any concrete proof, it is impossible to believe that both are the same. Based on the cemetery report and the aadhar card, the Defendant No.2 authority had issued death certificate of Smt. Ghouse Bee. 15 OS No.25649/2024 Hence, the Plaintiff is not entitled for the relief, as claimed in the suit. Accordingly, Issues Nos.1 to 3 are answered in the Negative.
12. Issue No.4:- For the foregoing reasons, I pass the following:
O R D E R The suit of the plaintiff is dismissed with costs.
Draw Decree accordingly.
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(Dictated to the Stenographer, typed by him, transcript thereof, is corrected and then pronounced by me in the open court on this the 2nd day of May, 2025) (Sujata.M.Sambrani) XXVI A.C.C. & S.Judge, Mayo Hall, Bangalore.16 OS No.25649/2024
A N N E X U R E
1. List of witnesses examined for the plaintiff/s:
PW1 Ishaq Ahmed S/o Ameer Jan
2. List of witnesses examined for defendants:
-Nil-
3. List of documents exhibited for the plaintiff/s:
Ex.P1 Original GPA dtd.15.10.2024.
Ex.P2 Death Certificate.
Ex.P3 Widow Pension ID Card of Smt. Ghouse
Bee.
Ex.P4 Ration Card of Mohammed Yousuf.
Ex.P5 Passport of Ghouse Bee.
Ex.P6 ID Card issued by Election Commission of
India.
Ex.P7 Aadhar card of Noor Sultana Begum.
Ex.P8 Syndicate Bank Passbook of Nooru Sultana
Begum
Ex.P9 Membership Card issued by Central Co-
operative Bank Ltd.,
Ex.P10 Endorsement issued by Health Officer,
17 OS No.25649/2024
Birth & Death, BBMP.
Ex.P11 Legal Notice dtd.25.06.2024.
Ex.P12 & 13 Two Postal Receipts.
Ex.P14 & 15 Two Postal acknowledgments.
4. List of documents exhibited for defendant/s:
-Nil-
(Sujata.M.Sambrani) XXVI Addl. City Civil Judge, Mayo Hall, Bangalore.