Bangalore District Court
Smt.Channamma vs The Chief Secretary on 21 March, 2016
IN THE COURT OF LXVII ADDL CITY CIVIL AND SESSIONS
JUDGE; BENGALURU CITY (CCH.No.68)
PRESENT
SRI.CHANDRASHEKHAR MARGOOR, B.Sc., LL.B.(Spl)
LXVII ADDL CITY CIVIL & SESSIONS JUDGE,
BENGALURU.
Dated this the 21st day of March, 2016
O.S.No:585/2016
PLAINTIFF Smt.Channamma
W/o late B. Rangaiah,
Aged about 67 years
No.24, Belaku, 1st floor,
A.P.C. Layout, Thindlu,
Vidyaranyapura post,
Bangalore-560097.
(By Sri.Ramesh Kumar C.S., Advocate)
Vs
DEFENDANTS 1. The Chief Secretary
Government of Karnataka,
Vidhana Soudha, Ambedkar
Veedhi, Bangalore-560001.
2. The Commissioner Bruhat
Bangalore Mahanagara Palike
BBMP, Hudson Circle,
Bangalore-560002.
3. The Registrar of Births and
Deaths, Bruhath Bangalore
Mahanagara Palike, 10th Floor,
Utility Building, M.G.Road,
Bangalore-560001.
(D.1 - Exparte)
(D.2 and D.3 - By Sri. K.N.S.,
Advocate)
2 O.S.No.585/2016
Date of Institution 20.01.2016
Nature of suit Declaration and
Injunction
Date of commencement of 15.03.2016
evidence
Date on which the judgment 21.03.2016
was pronounced.
Total Duration: Years Month Days
0 2 1
(CHANDRASHEKHAR MARGOOR)
LXVII ACC & SJ, Bengaluru.
JUDGMENT
The plaintiff has filed this suit for declaration and Injunction and prayed to declare that, her husband B.Rangaiah is civilly dead and also to issue directions to the defendant Nos.2 and 3 to issue death certificate of B.Rangaiah and avers as under;
2. The plaintiff's husband B.Rangaiah, 70 years old, Retd., Horticulture Assistant who retired from the services from 15.02.2008 and left the house and did not returned back to the home. The plaintiff has made sincere efforts to trace out, but went in vain. Therefore, the plaintiff lodged the missing complaint on 10.06.2008 at Vidyaranyapura Police Station and the same is registered in their Police Station Crime No.147/2008. The plaintiff and the Vidyaranyapura Police have made effort to trace out B.Rangaiah. But, his whereabouts are not traced out till today. Therefore, the Vidyaranyapura Police have issued endorsement on 23.08.2015 stating that, the whereabouts of B.Rangaiah are not traced out.
3 O.S.No.585/20163. B.Rangaiah before leaving his house, he has opened bank account and deposited some amount in the bank. The plaintiff has made an effort to trace out B.Rangaiah, but not succeeded. 7 years have already elapsed after missing of B.Rangaiah and no fruitful result has yielded. B.Rangaiah presumed to be civilly dead. Therefore, the plaintiff has requested the defendant Nos.2 and 3 to issue death certificate of B.Rangaiah. But, they have directed the plaintiff to approach the court. Hence, plaintiff constrained to file the suit after issuing legal notice to the defendants on 16.11.2015 calling upon the defendants to issue civil death certificate. But, the defendants have not heeded to the request of the plaintiff. The plaintiff is bonafide need of the said civil death certificate of B.Rangaiah.
4. The defendant Nos.2 and 3 have filed written statement and contended that, the suit is not maintainable either in law or on facts and called upon the plaintiff to prove the plaint averments that, on 15.02.2008, the plaintiff's husband B.Rangaiah has left the house and inspite of search, he has not traced out. Hence, the plaintiff has lodged the complaint to the Vidyaranyapura Police Station on 10.06.2008. Despite of lodging the complaint and efforts made by the police to trace out B.Rangaiah but, went in vain. Hence, the said police have issued endorsement on 23.08.2015 that, B.Rangaiah was not traced out. Seven years have elapsed after missing of B.Rangaiah. Hence, he presumed to be civilly dead and plaintiff has got issued statutory notice to the 4 O.S.No.585/2016 defendants on 16.11.2015 to issue civil death certificate of B.Rangaiah.
5. The defendants have admitted about the issuance of notice under Sec.482 of KMC Act. The plaintiff has to establish as follows;
A) Missing person was residing within the jurisdiction of B.B.M.P. B) Police complaint was lodged C) Police has properly made enquiry and filed proper report D) Direction has to be given by the Hon'ble Court regarding the date of Death as per Section 5.4 of the Registration of Births and Deaths Act 1969 and the rules made there under.
6. The prayer one sought is in rem. The presumption can be drawn, if the above 4 conditions are satisfied. But, the declaration that, person is dead is not permissible under law. Hence, prayed to dismiss the suit.
7. The defendant No.1 is placed exparte.
8. From the above facts, the following issues were framed.
ISSUES
1. Whether the plaintiff proves that, her husband Mr.B.Rangaiah was missing from the house since 15.02.2008?
5 O.S.No.585/20162. Whether the plaintiff is entitled for declaration that B.Rangaiah has presumed to be dead on 10.02.2015 as he is unheard since 15.02.2008?
3. Whether the plaintiff is entitled for issuing directions to the defendant Nos.2 and 3 to issue death certificate?
4. What Order or Decree?
9. In support of her case the plaintiff got examined herself as P.W.1 and got marked documents at Exs.P.1 to Ex.P.9. The defendants have not led their evidence.
10. Heard and perused the entire materials available on record
11. My finding on the above issues are as under:
Issue No.1 - In the Affirmative.
Issue No.2 - In the Affirmative.
Issue No.3 - In the Negative.
Issue No.4 - As per final order,
for the following:
REASONS
12. Issue Nos.1 to 3: Since issue Nos.1 to 3 are interconnected with each other, hence they have taken up together for my common discussion in order to avoid the repetition of facts.
The plaintiff P.W.1 deposed in consonance with the plaint averments that, the plaintiff's husband B.Rangaiah, 70 years old, 6 O.S.No.585/2016 Retd., Horticulture Assistant who retired from the services from 15.02.2008 and left the house and did not returned back to the home. The plaintiff has made sincere efforts to trace out, but went in vain. Therefore, the plaintiff lodged the missing complaint on 10.06.2008 at Vidyaranyapura Police Station and the same is registered in their Police Station Crime No.147/2008. The plaintiff and the Vidyaranyapura Police have made effort to trace out B.Rangaiah. But, his whereabouts are not traced out till today. Therefore, the Vidyaranyapura Police have issued endorsement on 23.08.2015 stating that, the whereabouts of B.Rangaiah are not traced out. B.Rangaiah before leaving his house, he has opened bank account and deposited some amount in the bank. The plaintiff has made an effort to trace out B.Rangaiah, but not succeeded. 7 years have already elapsed after missing of B.Rangaiah and no fruitful result has yielded. B.Rangaiah presumed to be civilly dead. Therefore, the plaintiff has requested the defendant Nos.2 and 3 to issue death certificate of B.Rangaiah. But, they have directed the plaintiff to approach the court and produced Ex.P.1 Original Voter's ID Card, Ex.P.2 Family photo, Ex.P.3 Ration Card, Ex.P.4 Office copy of complaint dtd:09.06.2008, Ex.P.5 FIR, Ex.P.6 Endorsement of the police dtd:23.08.2015, Ex.P.7 Office copy of notice dtd:16.11.2015, Ex.P.8 three postal receipts and Ex.P.9 Three postal acknowledgements. The advocate for the defendant Nos.2 and 3 cross-examined the P.W.1, but nothing is elicited to disprove the version of the plaintiff. The complaint Ex.P.4 reveals that, B.Rangaiah has left the house on 15.02.2008 and did not return back and he is missing since 15.02.2008. His whereabouts are not known till today. On the 7 O.S.No.585/2016 strength of complainant Ex.P.4, the police have registered the crime in their Police Station Crime No.147/2008 vide Ex.P.5 F.I.R. is produced in that respect. The police have issued an endorsement on 23.08.2015 vide Ex.P.6 stating that, B.Rangaiah S/o. Betta Rangegowda @ Rangegowda, 70 years is not traced out, who left his house and missing complaint was lodged on 10.06.2008 and the crime was registered in their Police Station crime No.147/2008. But, he is not traced out till today. These all documents do go to show that, B.Rangaiah is missing since 15.02.2008 and he is not traced out till today. 7 years have already elapsed. There is a presumption about the civil death of B.Rangaiah under Sec.114 of Evidence Act. The plaintiff has produced the Voters I.D. Ex.P.1, which discloses her husband's name as B.Rangaiah and she has also produced the Ration Card vide Ex.P.3. The Plaintiff is the wife of said B.Rangaiah. Therefore, plaintiff has made an effort to obtain civil death certificate of B.Rangaiah from defendant Nos.2 and 3, as the B.Rangaiah during his lifetime has deposited some amount in the bank as he has retired as Horticulture Assistant. The plaintiff is in bonafide need of civil death certificate of B.Rangaiah. Therefore, the plaintiff has proved that, B.Rangaiah is civilly dead since 15.02.2015.
The plaintiff has also sought to issue direction, to the defendant Nos.2 and 3 to issue civil death certificate in respect of B.Rangaiah. But, as per Sec.5.4 of Registration of Births and Deaths Act.1969, the plaintiff has to got enter the date of civil death of name of B.Rangaiah in the register of deaths maintained by the defendant Nos.2 and 3 as per the provisions of the said Act.
8 O.S.No.585/2016The Learned Magistrate is empowered to direct the Registrar of Births and Deaths to enter the date of civil death of B.Rangaiah, then only the plaintiff is entitled to obtain the civil death certificate of B.Rangaiah from defendant Nos.2 and 3. Hence, the plaintiff is not entitled for the directions to defendant No.2, 3 to enter the date of civil death of B.Rangaiah. Hence, I answered these issues accordingly.
13. Issue No.4: In view of the finding on the Issue Nos.1 to 3 as above, my finding on this issue is as per following;
ORDER The Suit of the plaintiff is decreed, parties to bear their own costs.
It is declared that, Sri.B.Rangaiah is presumed to be civilly dead since 15.02.2015.
Draw decree accordingly.
(Dictated to the Stenographer, transcribed by her, and after corrections pronounced by me in the Open Court on this the 21st day of March, 2016) (CHANDRASHEKHAR MARGOOR) LXVII Addl.City Civil and Sessions Judge, BENGALURU.
9 O.S.No.585/2016ANNEXURE List of witness examined for the plaintiff side:
PW1 Smt.Channamma List of documents exhibited for the plaintiff side:
Ex.P.1 Original Voter's ID Card Ex.P.2 Family photo Ex.P.3 Ration Card Ex.P.4 Office copy of complaint dtd:09.06.2008 Ex.P.5 FIR Ex.P.6 Endorsement of the police dtd:23.08.2015 Ex.P.7 Office copy of notice dtd:16.11.2015 Ex.P.8 Three postal receipts Ex.P.9 Three postal acknowledgements
List of witness examined for the defendant side:
Nil List of documents exhibited for the defendant side:
Nil (CHANDRASHEKHAR MARGOOR) LXVII Addl.City Civil and Sessions Judge, BENGALURU.