Bangalore District Court
Rakesh.P vs B.Chaithanya Kumar on 10 January, 2017
IN THE COURT OF THE LXVIII ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE, BENGALURU CITY (CCH-69)
Dated this the 10th day of January, 2017
PRESENT:
Sri.Shivaji Anant Nalawade, B.Com., LL.B.(Spl)
LXVIII Addl. City Civil and Sessions Judge,
Bengaluru City.
ORIGINAL SUIT No.7892/2015
PLAINTIFF : Rakesh.P
S/o Parasmal,
Aged about 43 years,
Residing at No.9/1,
1st Cross, 1st Main Road,
J.J.Nagar, Bengaluru - 560 018.
(By Sri.Shashikanth, Advocate)
- Versus -
DEFENDANT : B.Chaithanya Kumar
S/o M.Basavarajaiah,
Aged about 54 years,
Residing at No.1549,
16th Main, West of Chord Road,
Vijayanagar,
Bengaluru - 560 040.
(Exparte)
Date of Institution 14-09-2015
Nature of suit Suit for Permanent Injunction
Date of commencement of 05-11-2016
evidence
2 O.S.7892/2015
Date on which judgment 09-01-2016
was pronounced
Total Duration Years Months Days
01 03 25
(SHIVAJI ANANT NALAWADE)
LXVIII Addl. City Civil and Sessions
Judge, Bengaluru City.
JUDGMENT
This is the suit filed by the plaintiff against the defendant for Permanent Injunction.
2. The brief facts of the plaintiff's case are as follows:
It is the case of the plaintiff that, he is the absolute owner of the suit property i.e., piece and parcel of property assessment bearing No.118/1B2, situated at Laggere village, Yeshwanthapura Hobli, Bengaluru North Taluk, situated within Ward No.41, Rajagopalanagar, Near Sunrise School, Laggere, now comes under BBMP, Bengaluru-58, measuring East to West 52 feet, North to South 87 feet, southern side East to West 17 feet, North to South 11 feet, totally measuring 4711 sq.ft.
vacant site. It is the case of plaintiff that he has acquired the 3 O.S.7892/2015 schedule property under the Gift Deed from his father Parasmal S/o Late.Roopchand. His father has executed registered Gift Deed before the Sub-Registrar, Vijayanagar, Bengaluru dated 24-05-2014. It is the case of the plaintiff that in the Gift Deed executed by his father in respect of the suit property in his favour some typographical mistakes were occurred and his father has executed Rectification Deed of the Gift Deed on 15- 10-2014. It is the case of the plaintiff that, on the date of execution of Gift Deed in respect of the suit property, his father has put him in the possession of the suit property and since then he is in peaceful possession and enjoyment of the suit property. It is the case of the plaintiff that, his name is entered in the Form-B Property Register Extract of the suit property. He is paying the tax in respect of the suit property. Defendant is no way concerned to the suit property. Earlier to the filing of this suit defendant has obstructed his peaceful possession and enjoyment over the suit property. He has approached the jurisdictional Police i.e., Rajagopalanagar Police and lodged complaint against the defendant, Police have advised him to approach the Civil Court. It is the case of the plaintiff that, acts 4 O.S.7892/2015 of the defendant are highly illegal and high handed. Defendant has no manner of right to obstruct the possession of the suit property, hence he has constrained to file the suit against the defendant restraining him from interfering with his possession and enjoyment over the Suit Schedule Property and prayed for decreeing the suit.
3. Even though the suit summons were duly served on the defendant, defendant remained absent, hence placed exparte and posted the case for exparte evidence.
4. Plaintiff in order to prove his case examined himself as PW.1. Plaintiff in support of his case produced 6 documents and got them marked as Ex.P1 to 6 and closed his side.
5. Heard the arguments advanced by the learned counsel for the plaintiff.
6. The points that arise for my determination are as under:
1. Whether the plaintiff proves that he is in lawful possession and enjoyment of the Suit Schedule Property as on the date of filing of the suit?5 O.S.7892/2015
2. Whether the plaintiff proves the alleged obstruction and interference by the defendant over the suit property?
3. Whether the plaintiff is entitled for injunction as sought for?
4. What Order/Decree?
7. After hearing the arguments and perusal of documents placed before me, my findings to the above points are as follows:
Point No.1 : In the Affirmative;
Point No.2 : In the Affirmative;
Point No.3 : In the Affirmative;
Point No.4 : As per final order
for the following;
REASONS
8. POINT No.1 & 2: The above points are inter-
connected, hence they are taken up for discussion together in order to avoid repetition.
9. It is case of the plaintiff that, he is in lawful possession and enjoyment of the suit property. The suit 6 O.S.7892/2015 property is gifted by his father to him in a registered Gift Deed dated 24-05-2014. In the Gift Deed some typographical mistakes were there and the same were rectified by execution of Rectification Deed by his father on 15-10-2014 and on the basis of the Gift Deed his name is appearing in the Katha of the suit property. Since the execution of Gift Deed, he is in lawful possession and enjoyment of the suit property. Defendant is no way concerned to the suit property. Defendant is obstructing his peaceful possession and enjoyment over the suit property. He has requested the defendant not to obstruct his possession over the suit property. Defendant is not heeding his requests, hence he has constrained to file the present suit.
10. Defendant exparte, so plaint averments remained unchallenged.
11. Plaintiff in order to prove his case, examined himself as PW.1 and PW.1 has reiterated the averments of the plaint in his examination-in-chief. PW.1 has stated that his father was the owner of the suit property and his father was executed a registered Gift Deed in respect of the suit property in his favour 7 O.S.7892/2015 dated 24-05-2014 and handed-over the possession of the property to him. Since the date of execution of the Gift Deed, he is in possession and enjoyment of the suit property. Some typographical mistakes were there in the Gift Deed, so his father has executed Rectification Deed on 15-10-2014. Defendant is no way concerned to the suit property. Defendant started obstructing his possession and enjoyment over the suit property earlier to the filing of the suit. The acts of the defendant are illegal and high handed and prayed for decreeing the suit. The defendant exparte, so the evidence of PW.1 remained unchallenged.
12. Plaintiff in support of his case produced B-Property Register Extract of suit property which is at Ex.P1 and Ex.P1 discloses that name of the present plaintiff is appearing in the ownership and occupiers column of Ex.P1 and the serial number of the property is 1074 and Property No.118/1B2 and measurement of the suit property is shown as 4711 sq.ft. Plaintiff has produced certified copy of the Gift Deed executed by his father in his favour dated 25-04-2014 which is at Ex.P2. Plaintiff has produced certified copy of Rectification of Gift Deed 8 O.S.7892/2015 executed by his father in his favour dated 15-10-2014 which is at Ex.P3. Ex.P2 and 3 discloses that, father of the present plaintiff has executed Gift Deed in favour of the present plaintiff as per Ex.P2 and gifted the suit property to the plaintiff and on the basis of execution of Gift Deed, handed-over the possession of the property in favour of the plaintiff. Plaintiff has produced Encumbrance Certificate in respect of the suit property which is at Ex.P4. Plaintiff has produced Tax Paid Receipt in respect of the suit property which is at Ex.P5. Plaintiff has produced two Photos of the suit property along with CD and Photos are marked as Ex.P6 and the CD of the Photos is marked as Ex.P6(a). Defendant exparte, so the evidence of PW.1 and Ex.P1 to 6 remained unchallenged. The evidence of PW.1 and Ex.P1 to 6- documents, clearly goes to show that plaintiff is in lawful possession and enjoyment of the suit property as on the date of filing of this suit. Further the evidence of PW.1 and Ex.P1 to 6- documents clearly proves that defendant has obstructed the plaintiff over the suit property earlier to the filing of this suit. Hence, I answered point No.1 and 2 in the AFFIRMATIVE. 9 O.S.7892/2015
13. POINT NO.3: In view of my findings on point No.1 and 2, plaintiff has proved that he is in lawful possession and enjoyment of the suit property as on the date of filing of this suit. Further the plaintiff has proved that earlier to the filing of this suit, defendant has obstructed his possession over the suit schedule property, so the plaintiff is entitled for injunction as sought for. Hence, I answered point No.3 in the AFFIRMATIVE.
14. POINT No.4: In view of my findings on point Nos.1 to 3 and reasons stated therein, I proceed to pass the following:
ORDER The suit of the plaintiff is decreed with costs. The defendant, his men, servants, or anybody claiming under him are permanently restrained from interfering with the plaintiff's possession and enjoyment over the suit property.
Draw decree accordingly.
(Dictated to the Judgment Writer, transcribed by her, corrected, signed and then pronounced by me in the open court on this the 10th day of January, 2017).
(SHIVAJI ANANT NALAWADE) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City.10 O.S.7892/2015
ANNEXURE WITNESSES EXAMINED IN FAVOUR OF THE PLAINTIFF:
PW.1 Rakesh.P 05-11-2016 DOCUMENTS MARKED IN FAVOUR OF THE PLAINTIFF:
Ex.P1 B-Property Register Extract Ex.P2 Copy of Gift Deed Ex.P3 Copy of Rectification Deed Ex.P4 Encumbrance Certificate Ex.P5 Tax paid receipt Ex.P6 Two photos Ex.P6(a) CD of the Photos
WITNESSES EXAMINED IN FAVOUR OF THE DEFENDANT :
-- NIL --
DOCUMENTS MARKED IN FAVOUR OF THE DEFENDANT:
-- NIL --
(SHIVAJI ANANT NALAWADE) LXVIII Addl. City Civil and Sessions Judge, Bengaluru City.