Bangalore District Court
Bhawarlal vs H.M.Somashekarappa on 1 June, 2019
[C.R.P. 67] Govt. of Karnataka
Form No.9 (Civil)
Title Sheet for
Judgment in
Suits
(R.P.91)
IN THE COURT OF THE XIV ADDL. CITY CIVIL JUDGE
AT BANGALORE [CCH.No.28]
Present: Sri. MALLIKARJUNA., B.Com., LL.M.,
XIV ADDL. CITY CIVIL JUDGE
Dated this the 1st day of June, 2019
O.S.No.8199/2018
Plaintiff/s : Bhawarlal,
S/o Late Rikhabchand,
Aged about 59 years,
R/o No.20/2,
G.K.Temple Street,
Chickpet Cross,
Bangalore - 560053.
(By Sri.Byresh.G., Advocate)
- Vs -
Defendant/s : H.M.Somashekarappa,
S/o Late Marimadaiah,
Aged about 51 years,
R/o 'Sambrama Nilaya',
4th Cross, Basaveshwara Circle,
Old Adarsha Convent Road,
Malavalli,
Mandya District.
PIN.571430.
Also at:
2 O.S.No.8199/2018
U-46, 1st Main Road,
Bhuvaneshwarinagar,
Kempapura Agrahara,
Bangalore -560023.
(Defendant placed Ex-Parte)
Date of institution
of the suit : 15.11.2018
Nature of the suit
[suit on pronote, suit
for declaration and
possession, suit
for injunction] : Recovery of Money
Date of the commencement
of recording of the evidence: 30.03.2019
Date on which the
Judgment was pronounced : 01.06.2019
Year/s Month/s Day/s
Total Duration - -06- -16-
JUDGMENT
This suit is filed by the plaintiff against the defendant for the relief of recovery of suit claim of Rs.6,35,000/- together with future interest at 12% per annum, and such other reliefs.
3 O.S.No.8199/2018
2. The brief facts of the plaintiff's case are as under:
The plaintiff and defendant are known to each other. The defendant is none else than the nephew of Sri.M.C.Muddaiah. Said Muddaiah is a businessmen and social worker in ward No.121 of BBMP, Bangalore. The defendant owned a property bearing No.15/7-3, in Bhuvaneshwarinagar, Bangalore. It has been purchased by him under the registered Sale deed, dated 29.4.2002 though vide document No.406/2002-2003 registered in Sub Register Office, Sriramapura, Bangalore. In the month of January 2016, defendant approached plaintiff through Sri.M.C.Muddaiah and requested for loan of Rs.5,00,000/-, for construction of house in his native place Malavalli town. On recommendation of said M.C.Muddaiah, the plaintiff lent a sum of Rs.5,00,000/-, to the defendant and the defendant agreed to repay with interest at the rate of 12% per annum within one year. The defendant has deposited the original title deed of property bearing No.15/7-3 situated at 8th 4 O.S.No.8199/2018 cross Bhuvaneshwarinagar, Bangalore, within limits of ward No.121 (old No.31) as security to the said loan and borrowed sum of Rs.5,00,000/- on 12.1.2016. The defendant has completed the construction work undertaken by him in his native. The defendant has failed to repay the loan amount as agreed by him. The plaintiff has requested the defendant and Sri.M.C.Muddaiah for repayment of said amount. Inspite of request, the defendant has not come forward to repay the said loan amount. Hence, plaintiff got issued notice to the defendant calling him to pay a sum of Rs.6,35,000/-together with interest dated 10.4.2018. Inspite of service of notice, the defendant has not complied the terms of the notice. On the other hand when the plaintiff contacted M.C.Muddaiah, he requested to bare some time. Even after expiry of 6 months from the date of issuance of notice defendant has not turned up to pay the loan. Hence the present suit is filed.5 O.S.No.8199/2018
3. After service of summons, defendant remained absent, hence he has been placed exparte the case has been posted for plaintiff's evidence.
4. To prove the case of the plaintiff, he himself got examined as P.W.1 got marked Ex.P-1 to P-6.
5. Heard the arguments of counsel for plaintiff, perused the plaint, evidence and documents on record.
6. The following points arise for my consideration.
1. Whether the plaintiff proves that the defendant has availed a loan of Rs.5,00,000/-from the plaintiff and agreeing to repay it with interest at the rate of 12% p.a. by depositing the title deeds of the property bearing No.15/7-3 of situated at 8th cross, Bhuvaneshwarinagar, Bangalore?
2. Whether the plaintiff is entitled for the relief sought in the suit?
3. What order or decree ?
7. My answers to the above points are as under; 6 O.S.No.8199/2018
Point No.1 & 2 : In the affirmative ,
Point No.3 : As per final order for
the following;
REASONS
8. POINT No.1 & 2 : Both the points are inter
related and connected to each other to avoid repetition, I have taken them jointly for consideration.
9. According to the plaintiff, the plaintiff and defendant are known to each other. The defendant is none else than the nephew of Sri.M.C.Muddaiah. Said Muddaiah is a businessmen and social worker in ward No.121 of BBMP, Bangalore. The defendant owned a property bearing No.15/7-3, in Bhuvaneshwarinagar, Bangalore. It has been purchased by him under the registered Sale deed dated 29.4.2002 though vide document No.406/2002-2003 registered in Sub Register Office, Sriramapura, Bangalore. In the month of January 2016, defendant approached plaintiff through Sri.M.C.Muddaiah and requested for loan of 7 O.S.No.8199/2018 Rs.5,00,000/-, for construction of house in his native place Malavalli town. On recommendation of said M.C.Muddaiah, the plaintiff lent a sum of Rs.5,00,000/-to the defendant and the defendant agreed to repay with interest at the rate of 12% per annum within one year. The defendant has deposited the original title deed of property bearing No.15/7-3 situated at 8th cross Bhuvaneshwarinagar, Bangalore within limits of ward No.121 (old No.31) as security to the said loan and borrowed sum of Rs.5,00,000/- on 12.1.2016. The defendant has completed the construction work undertaken by him in his native. The defendant has failed to repay the loan amount as agreed by him. The plaintiff has requested the defendant and Sri.M.C.Muddaiah for repayment of said amount. Inspite of the request, the defendant has not come forward to repay the said loan amount.
10. To prove the case of the plaintiff, he got examined as P.W.1 and got marked Ex.P-1 to P-6. Ex.P-1 is the original sale deed dated 29.4.2002, Ex.P-2 is the 8 O.S.No.8199/2018 house warming invitation card, Ex.P-3 is the copy of legal notice dated 10.4.2018, Ex.P-4 and 5 are the two postal receipts, Ex.P-6 is the postal cover, Ex.P-7 is the copy of reply notice.
11. On perusal of the evidence of P.W.1 as well as contents of documents relied by the plaintiff as referred above one point is clear that the title deed of the property standing in the name of defendant are with the plaintiff prima facie supports the contents of the plaintiff that they have been kept by the defendant himself as security to the loan availed by him. Further the purpose of loan obtained by the defendant is to construct his residential house situated at Malavalli reflects from the documents under Ex.P-2, inspite of service of notice relied under Ex.P-3 issued by the plaintiff the defendant has not replied it, even in the present suit the suit summons issued by the court have duly served on the defendant, he has not chosen to appear before the court and put forth his case denying the case of the plaintiff. That itself shows that defendant has no 9 O.S.No.8199/2018 case to made out against the plaintiff. On the other hand the plaintiff has proved his case by examining himself as P.W.1 and producing documents Ex.P-1 to P-6. No reasons is available to deny the contents of the said documents as well as oral testimony of the P.W.1. Since there is no defence has been made out against the case of the plaintiff. Therefore the plaintiff has proved his case that defendant has approached him requesting for loan amount of Rs.5 lakhs and by depositing title deeds of the property bearing No.15/7-3, situated at 8th cross, Bhuvaneshwarinagar, Bangalore availed loan from the plaintiff agreeing to repay it with interest at the rate of 12% per annum. Therefore, he is liable to repay the said amount as agreed by him, no reason is available to deny the same. In my view plaintiff has proved point No.1 and 2 by cogent and convincing evidence. Hence, point No.1 and 2 are answered in the affirmative.
12. POINT No.3 :- In the result, I proceed to pass the following;
10 O.S.No.8199/2018
ORDER The suit of the plaintiff is hereby decreed with costs.
The defendant is directed to pay a sum of Rs.6,35,000/- with interest at the rate of 12% per annum from the date of suit till its realization.
Draw decree accordingly.
[Dictated to the Judgment Writer directly on computer, corrected by me and then pronounced by me in Open Court, on this 1st day of June, 2019) (MALLIKARJUNA) XIV Addl. City Civil Judge Bangalore.
11 O.S.No.8199/2018ANNEXURE List of witnesses examined on behalf of the plaintiff:
P.W.1 Bhawarlal List of documents marked on behalf of the plaintiff:
Ex.P.1 Original Sale Deed dt.29.4.2002 Ex.P.2 House Warming Invitation card Ex.P.3 Copy of legal notice Ex.P.4 & 5 Two postal receipts Ex.P.6 Sealed post cover Ex.P.7 Copy of reply notice, dt.20.4.2018 List of witnesses examined on behalf of the defendant:
-NIL-
List of documents marked on behalf of the defendant :
-NIL-
XIV Addl. City Civil Judge Bangalore.12 O.S.No.8199/2018
Order pronounced in Open Court vide separate Judgment ORDER The suit of the plaintiff is hereby decreed with costs. The defendant is directed to pay a sum of Rs.6,35,000/- with interest at the rate of 12% per annum from the date of suit till its realization.
Draw decree accordingly.
XIV Addl. City Civil Judge Bangalore.