Bangalore District Court
Gangamma vs Gowramma on 8 October, 2025
1 O.S.5431/2016
KABC010172502016
IN THE COURT OF THE I ADDL. CITY CIVIL &
SESSIONS JUDGE ( CCH-02 ) AT BENGALURU
Present : Sri. B.P. DEVAMANE, LL.M.,
I Addl. City Civil & Sessions Judge,
Bengaluru City.
Dated this the 8th day of October 2025
O.S.5431 / 2016
PLAINTIFFS : 1. Smt. Gangamma,
W/o late Muni Pillappa,
Aged about 50 years,
2. Smt. Munirathnamma,
D/o late Muni Pillappa,
Aged about 32 years,
3. Smt. Chandramma,
D/o late Muni Pillappa,
Aged about 28 years,
4. Smt. Bhagyalakshmi,
D/o late Muni Pillappa,
Aged about 20 years,
All are r/o # 04, Sri Rama Nagari,
Murugesh Palya,
BENGALURU - 560 017.
( By Sri. M.D.M., Adv. )
- VS -
2 O.S.5431/2016
DEFENDANTS : 1. Smt. Gowramma,
W/o late Muni Pillappa,
DEAD,
2. Mahesh Kumar,
S/o late Muni Pillappa,
Aged about 43 years,
3. Smt. Lakshmi,
D/o late Muni Pillappa,
Aged about 29 years,
4. Smt. M. Uma,
W/o Mahesh Kumar,
Aged about 32 years,
D1 to D4 R/o # G-H28, 1st Cross,
1st Main,
Opp. Govt. School,
Sri Rama Nagari, Murugesh Palya,
BENGALURU - 560 017.
( D1 by Sri. S.S.G.,; &
D2 to D4 by Sri. E.K.K., Advocates. )
Date of Institution of the suit : 27.07.2016
Nature of the Suit ( Suit for Suit for partition
injunction, etc.) :
Date of the commencement of 18.03.2021
recording of the Evidence :
Date on which the Judgment was 08.10.2025
pronounced :
Year/s Month/s Day/s
Total duration:
08 10 03
3 O.S.5431/2016
JUDGMENT
Plaintiffs filed this suit for partition, for declaration that release deed dated 04.08.2014 and gift deed dated 28.01.2015 in respect of suit schedule property are null & void and not binding on the share of plaintiffs.
2. The case of the plaintiffs in brief is that suit schedule property bearing site No.598, khatha No.598/60 formed in property No.50 measuring east-west 15 feet & north-south 20 feet, totally measuring 300 feet, situated at Sri Rama Nagari, Murugesh Palya, Varthuru Hobli, Bengaluru East Taluk, is the ancestral & joint family property of plaintiffs & defendants. Plaintiff No.1 married to Muni Pillappa and out of their wedlock plaintiff Nos.2 to 4 born. During his lifetime, Muni Pillappa married defendant No.1 as his second wife and out of the said wedlock defendant Nos.2 & 3 born. On 07.11.1992 Government of Karnataka granted suit property in favour of Muni Pillappa. Due to the differences among womenfolk, plaintiffs were residing separately after the demise of Muni Pillappa. Suit property was vacant site and same was granted in favour of Muni Pillappa After the demise of Muni Pillappa, defendants by taking undue advantage of illiteracy and ignorance of plaintiffs, defendant Nos.1 & 3 created document styled as release deed in favour of defendant No.2 on 04.08.2014 and transferred suit property in the name of defendant No.2. Defendant No.2 further created gift deed in the name of his wife i.e., defendant No.4 on 28.01.2015. Admittedly, suit property was granted by the Government in 4 O.S.5431/2016 favour of husband of plaintiff No.1. As such, after the demise of Muni Pillappa, plaintiffs are also entitled for equal share in the suit property. But, by suppressing the material facts, defendants colluded among themselves, created release deed & gift deed and got the khatha changed in the name of defendant No.4 with respect to suit property, suppressing the legitimate rights of plaintiffs. Now, defendants are trying to put up construction over the suit property. Plaintiffs requested defendants to cancel the said documents and give their legitimate share by effecting partition by metes & bounds for which defendants refused. Hence, plaintiffs filed this suit.
3. After service of suit summons, defendant Nos.1 to 4 appeared through their counsels. Defendant No.1 filed Written Statement which is adopted by defendant Nos.2 to 4. In the Written Statement, case of plaintiffs is denied. It is contended that, there is no documentary proof to show that plaintiff No.1 is the wife of Muni Pillappa. Defendant No.1 is the only wife of late Muni Pillappa. During his lifetime, Muni Pillappa jointly lived with his wife i.e., defendant No.1. Defendants do not know that the suit property is granted in favour of Muni Pillappa by the Government. Defendants were residing with Muni Pillappa in the suit property prior to issuance of patta in the name of Muni Pillappa. Defendant No.1 constructed sheet roof house in the suit property and based upon her possession & enjoyment the Government of Karnataka issued grant certificate in the name of Muni Pillappa from the date of construction of sheet roof house by defendant No.1. It is denied that defendant Nos.1 & 3 without 5 O.S.5431/2016 having any right, title & interest over suit property have executed release deed in favour of defendant No.2.
3(a). Defendant Nos.1 & 3 have executed relinquishment deed in favour of defendant No.2 and defendant No.2 is in possession & enjoyment of the suit property. Thereafter, defendant No.2 gifted suit property in favour of his wife i.e., defendant No.4. Now, defendant No.4 is in possession & enjoyment of the suit property. Defendant No.4 demolished sheet roof house which was in dilapidated condition and constructed new house on the ground, first & second floor in the suit property in the year 2015. Revenue records are standing in the name of defendant No.4 after executing gift deed by defendant No.2 in favour of defendant No.4. Plaintiffs are not the legal heirs of late Muni Pillappa and they are not entitled for equal share in the suit property. Plaintiff Nos.1 to 4 have not attended cremation of Muni Pillappa. Defendant No.1 performed last rites of Muni Pillappa being his wife. Defendants denied that plaintiffs are coparceners of the suit property. The suit property is exclusive property of defendant No.1, who executed release deed in favour of her son defendant No.2. In turn, defendant No.2 gifted the suit property in favour of his wife defendant No.4. There is no cause of action to file this suit as defendant No.4 is the absolute owner of the suit property. Hence, prayed to dismiss the suit.
4. Based on the pleadings, the Court has framed the following issues : -
6 O.S.5431/2016ISSUES
1. Whether plaintiffs prove that suit schedule property is ancestral & joint family property of plaintiffs & defendants ?
2. Whether defendants prove that the suit property is exclusive property of defendant No.1 ?
3. Whether plaintiffs prove that the release deed dated 04.08.2014 and gift deed dated 28.01.2015 are not binding on their shares ?
4. Whether plaintiffs are entitle to their shares in the suit property ? If so, to what extent ?
5. What Order or Decree ?
5. In order to prove the case, plaintiff No.1 examined as PW1 and got marked documents at Ex.P1 to P19. On the other hand, defendant No.4 examined as DW1 and got marked documents at Ex.D1 to D19.
6. Heard arguments. Perused the material on record.
7. My findings on the above issues are as under : -
Issue Nos.1, 3 & 4 : In the Affirmative
Issue No.2 : In the Negative
Issue No.5 : As per final order,
for the following: -
7 O.S.5431/2016
REASONS
8. ISSUE Nos.1 to 4 : These issues are interlinked hence taken together for discussion in order to avoid repetition of facts.
It is the specific case of plaintiffs that plaintiff No.1 is the legally wedded wife of late Muni Pillappa and out of their wedlock plaintiff Nos.2 to 4 born. During his lifetime, Muni Pillappa married defendant No.1 as his second wife and out of the said wedlock defendant Nos.2 & 3 born. Suit property is granted by the government in favour of late Muni Pillappa on 07.11.1992. As such, plaintiffs are also entitled for equal share in the suit property. Per contra, defendants have contended that suit property is the exclusive property of defendant No.1, who executed release deed in favour of her son i.e., defendant No.2. Thus, it is the self-acquired property of defendant No.2. Thereafter, defendant No.2 gifted said property in favour of his wife i.e., defendant No.4. Now, defendant No.4 removed the dilapidated structure and put up construction over the suit property. Plaintiff No.1 is not the wife of late Muni Pillappa as there is no documentary proof to prove the same.
9. Plaintiff No.1 filed her affidavit in lieu of examination- in-chief as PW1 reiterating the entire plaint averments. PW1 produced genealogical tree affidavit as per Ex.P1. Ex.P2 is original grant certificate issued by the government in favour of Muni Pillappa on 02.11.1992. Ex.P3 is the notice issued to Muni Pillappa on 28.05.1986 under Section 103(3) of Karnataka 8 O.S.5431/2016 Municipalities Act, 1964, asking Muni Pillappa to produce relevant documents stating that he has put up construction in the land measuring 15 feet X 20 feet. Ex.P4 is the special notice tax assessment issued on 14.10.1987 to Muni Pillappa by H.A. Sanitary Board, Bengaluru. Ex.P5 is the notice dated 08.07.1992 under Section 103(3) of Karnataka Municipalities Act, 1964, asking Muni Pillappa to produce tax paid receipt, khatha extract and other documents regarding the property which is in his possession. Ex.P17 is the voters' ID of plaintiff No.1 wherein name of her husband is mentioned as Muni Pillappa. This document is issued on 01.01.2002. Ex.P18 is the Aadhaar wherein also the name of husband of plaintiff No.1 is shown as Muni Pillappa. Ex.P19 is the original ration card which is issued in the name of plaintiff No.1. In the said document, number of family members are shown as 5 persons among whom No.2 is Muni Pillappa, No.3 is Munirathnamma (P2), No.4 is Chandramma (P3), No.5 is Bhagyamma (P4). This document is issued on 05.03.1992.
10. Defendant No.4 filed her affidavit in lieu of examination-in-chief as DW1 reiterating the contentions taken in the Written Statement. DW1 produced death certificate of Muni Pillappa as per Ex.D1, which shows that Muni Pillappa expired on 15.01.1997. Ex.D8 is the death certificate of defendant No.1 Smt. Gowramma in which name of her husband is shown as Muni Pillappa. Ex.D11 is the khatha of the suit property standing in the name of defendant No.1 dated 17.06.2014. Ex.D12 is the copy of application filed to Social Welfare Department seeking 9 O.S.5431/2016 scholarship wherein defendant No.2 Mahesh Kumar is the applicant and name of his father is shown as Muni Pillappa. Ex.D13 is the caste certificate of defendant No.2 wherein name of his father is shown as Muni Pillappa. Ex.D14 are two photographs. In the first photograph, it is editted photograph showing the name of Muni Pillappa date 15.01.1997 and name of defendant No.1 Smt. Gowramma date as 23.12.2020. Ex.D16 is photograph of building.
11. PW1 in her cross-examination stated that she does not remember year of her marriage with Muni Pillappa. PW1 denied that Muni Pillappa was married with defendant No.1 and she was residing with her. PW1 stated that as on the date of issuance of Ex.P2 grant certificate, she has inserted her name in the said document. PW1 denied that she has created Ex.P2 to P5 for the purpose of this case. PW1 admitted that Ex.P17 & P18 documents came into existence after the death of Muni Pillappa for which PW1 stated that during those period such documents were not in existence. PW1 admitted that in the suit property defendant No.4 constructed house. PW1 admitted that prior to construction of said house, there was sheet house in the suit property.
12. DW1 in her cross-examination stated that there are no any documents issued by the Government to show that defendant No.1 is the wife of Muni Pillappa. DW1 10 O.S.5431/2016 admitted that on Ex.D14 photographs, two photographs are edited and it is created one. DW1 denied that there was illicit relationship between defendant No.1 and Muni Pillappa and she is not the wife of Muni Pillappa. DW1 admitted that original grant certificate of the suit property was with plaintiffs and they have produced before the Court. DW1 stated that she does not know that plaintiff No.1 is the wife and plaintiff Nos.2 to 4 are the children of late Muni Pillappa. DW1 denied that release deed executed in favour of defendant No.2 by defendant Nos.1 & 3 is without having any authority. DW1 denied that gift deed executed by defendant No.2 in her favour is not binding on the share of plaintiffs. DW1 denied that after filing of the suit, her husband Mahesh Kumar (D2) forcibly constructed the house in the suit property. DW1 denied that in order to deny the rights of plaintiffs, Ex.D2 release deed & Ex.D3 gift deed are created.
13. As per the death certificate Ex.D1 produced by defendants, Muni Pillappa expired on 15.01.1997. There is no dispute regarding date of death of Muni Pillappa. Ex.P19 is the original ration card issued in the name of plaintiff No.1. In the said document, list of family members is shown as total 5 members. At Sl. No.2, the name of Muni Pillappa is shown and at Sl. Nos.3 to 5 the names of plaintiff Nos.2 to 4 are shown. Ex.P19 came into existence in the year 1992, when the parties were not in dispute. The Court has no reason to disbelieve or 11 O.S.5431/2016 doubt Ex.P19. Original grant certificate regarding suit property issued in the name of Muni Pillappa i.e., Ex.P2 is produced from the possession of plaintiffs which proves that plaintiff No.1 is the wife of Muni Pillappa and said document is produced from proper custody. Ex.P3 to P5 are the notices issued under Section 103(3) of Karnataka Municipalities Act, 1964, in the years 1986, 1987 & 1992 i.e., prior to allotment of suit property in the name of Muni Pillappa. On perusal of these documents, it show that prior to grant of suit property, Muni Pillappa along with his family was in possession of suit property and considering his possession the Government has granted said property in favour of Muni Pillappa vide grant certificate dated 02.11.1992 as per Ex.P2. Production of Ex.P2 to P5 & P19 from the custody of plaintiffs proves that plaintiffs were residing with Muni Pillappa in the suit property and these documents at the relevant point of time i.e., in the year 1996 up to 1992 were given to Muni Pillappa, who was residing with plaintiffs. As such, said documents are produced from proper custody. It shows that plaintiff No.1 is the wife and plaintiff Nos.2 to 4 are the children of Muni Pillappa and they were residing in the suit property.
14. DW1 produced photograph as per Ex.D14 wherein two photographs of Muni Pillappa & Gowramma are collage and by editing they are made as one photograph to show that defendant No.1 is the wife of Muni Pillappa. In this case, interestingly, plaintiffs in their plaint itself averred that during his lifetime Muni Pillappa married defendant No.1 as his second wife and defendant Nos.2 & 3 are the children born to defendant No.1 12 O.S.5431/2016 through Muni Pillappa, which made the case of defendants easy to prove their relationship with Muni Pillappa.
15. DW1 produced death certificate of defendant No.1 as per Ex.D8 stating that on 23.12.2020 defendant No.1 expired. Plaintiffs have not carried out necessary amendment to the plaint. But, on perusal of the material on record, defendant Nos.2 & 3 are the only legal heirs of defendant No.1. As per the case of plaintiffs, during the subsistence of valid marriage of plaintiff No.1 with Muni Pillappa, Muni Pillappa married defendant No.1 as his second wife. Since the parties to the suit are governed by Hindu Law and under Hindu Law there is no concept of second wife. For all legal & practical purposes it is the first wife i.e., only wife of Hindu is entitled for succession of the properties of her husband.
16. In this case, defendant No.1 is claiming to be the wife of Muni Pillappa. But, as per the case of plaintiffs, defendant No.1 is the second wife of Muni Pillappa. Defendants have not produced any documents to show that defendant No.1 is the legally wedded wife of Muni Pillappa. On the contrary, plaintiffs have produced all the relevant documents including original ration card Ex.P19 of the year 1992 wherein the name of husband of plaintiff No.1 is shown as Muni Pillappa. Original voters' ID and Aadhaar of plaintiff No.1 show the name of her husband as Muni Pillappa. As discussed above, plaintiffs admitted that Muni Pillappa married defendant No.1 as his second wife and defendant Nos.2 & 3 are born to defendant 13 O.S.5431/2016 No.1. As per Hindu Law, second wife is not entitled for equal share in the properties left by her deceased husband. However, children born to second wife are also entitled for share in the properties along with legitimate children of deceased. Defendant No.1 is not the legally wedded wife of late Muni Pillappa and as such she is not entitled for any share in the property left by late Muni Pillappa. As such, defendant No.1 cannot pass any valid title in favour of defendant No.2 or any other persons.
17. Based on Ex.D11 khatha extract dated 17.06.2014 defendant Nos.1 & 3 have executed release deed in the name of defendant No.2 as per Ex.D2 wherein it is simply stated that suit property is the joint family property and the parties are co- owners and they are executing release deed. It is further stated that, said property was allotted to late Muni Pillappa vide grant certificate dated 02.11.1992. As discussed above, original grant certificate dated 02.11.1992 at Ex.P2 is produced from the custody of plaintiffs. Ex.D2 is not signed by plaintiffs nor they have released their share in favour of defendant No.2. Hence, Ex.D2 cannot bind on the share of plaintiffs in the suit property. Ex.D3 is gift deed executed by defendant No.2 in favour of his wife i.e., defendant No.4 on 28.01.2015. As discussed above, when defendant No.2 was not having full ownership or title to the suit property, he cannot pass title to suit property under Ex.D3 gift deed in favour of his wife defendant No.4. Hence, Ex.D3 gift deed also do not bind on the legitimate share of plaintiffs in the suit property. Ex.D4, D5 & D7 are subsequent documents with respect to change of khatha, payment of tax etc. Ex.D17 are 14 O.S.5431/2016 electricity bills. Ex.D18 are electricity bill payment receipts.
18. As held above, plaintiff No.1 is the legally wedded wife and plaintiff Nos.2 to 4 are children born to plaintiff No.1 through Muni Pillappa. Defendant No.1 is the second wife of Muni Pillappa and she is not the legally wedded wife as per Hindu Law. Further, defendant Nos.2 & 3 born to defendant No.1 through Muni Pillappa being illegitimate children are also entitled for share in the suit property as the suit property was granted by the Government in the name of late Muni Pillappa. Thus, there shall be 6 sharers with respect to suit property. As such, I answer Issue Nos.1, 3 & 4 in the Affirmative and Issue No.2 in the Negative.
19. ISSUE NO.5 : In view of the above discussions, I proceed to pass the following: -
ORDER The suit is decreed with costs.
Plaintiff Nos.1 to 4 are entitled for 1/6th share each in the suit schedule property.
It is declared that registered release deed dated 04.08.2014 executed by defendant Nos.1 & 3 in the name of defendant No.2 with respect to suit property is not binding on the share of plaintiffs.15 O.S.5431/2016
Further, it is declared that gift deed dated 28.01.2015 executed by defendant No.2 in favour of defendant No.4 with respect to suit property is not binding on the share of plaintiffs.
Draw preliminary decree accordingly.
Dictated to Senior Sheristedar (now under instructions to continue the work as Stenographer Grade I) directly on computer, computerized by him, revised, corrected by me and then pronounced in the open Court on this the 8th day of October 2025.
( B.P. DEVAMANE ) I Addl. City Civil And Sessions Judge (CCH-02), Bengaluru City.
ANNEXURE WITNESSES EXAMINED ON BEHALF OF PLAINTIFFS :
PW1 : Smt. Gangamma DOCUMENTS MARKED ON BEHALF OF PLAINTIFFS :
Ex.P1 Copy of G Tree affidavit
Ex.P2 Original grant certificate
Ex.P3 to 5 Notices
Ex.P6 Copy of release deed
Ex.P7 Copy of gift deed
Ex.P8 Copy of encumbrance certificate
Ex.P9 Copy of BBMP proceedings
16 O.S.5431/2016
Ex.P10 Copy of khatha register
Ex.P11, 12 Copies of applications
Ex.P13 Copy of khatha extract
Ex.P14 to 16 Two photographs with CD
Ex.P17 Voter ID
Ex.P18 Aadhaar
Ex.P19 Ration card
WITNESSES EXAMINED ON BEHALF OF DEFENDANTS :
DW1 : Smt. M. Uma DOCUMENTS MARKED ON BEHALF OF DEFENDANTS :
Ex.D1 Death certificate of Muni Pillappa
Ex.D2 Release deed dt.04.08.2014
Ex.D3 Digital certified copy of gift deed dt.28.01.2015
Ex.D4 Katha registration certificate dt.20.06.2015
Ex.D5 Katha certificate dt.01.06.2016
Ex.D6 Katha Extract
Ex.D7 Tax paid receipts
Ex.D8 Death certificate of defendant No.1
Ex.D9 Encumbrance certificate
Ex.D10 Copy of application to BWSSB
Ex.D11 B-katha extract
Ex.D12 Scholarship application
Ex.D13 Caste certificate of defendant No.2
Ex.D14 Photographs (2)
Ex.D15 Aadhaar of defendant No.4
Ex.D16 Photographs
Ex.D16(a) Pen drive
Ex.D17 Electricity bills
Ex.D18 Electricity payment bills
Ex.D19 Notarized copy of Aadhaar of defendant No.2
17 O.S.5431/2016
I Addl. City Civil & Sessions
Judge (CCH-02), Bengaluru City.