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11. This suit is filed by the plaintiff against the defendant for the relief of permanent injunction restraining the defendant, his henchmen or anybody claiming under or through him from interfering, with the plaintiff's lawful possession over the suit schedule property.

12. The advocate for plaintiff argued that one Gururmurthy Bhovi was the owner of suit schedule property and he sold the suit schedule property to one / 12 / O.S.No.6120/2013 Jayamma as per Ex.P.1 Sale Deed. Present defendant and his brother are attesting witnesses to the said sale deed. In turn the said Jayamma sold to plaintiff as per Ex.P.3. As per sale deed, plaintiff's name has been mutated in the B.B.M.P. khatha as per Ex.P.8 and has paid up­date tax to B.B.M.P. Exs.P.4 to P.6 are the Tax Paid Receipts and self­declaration forms. All these documents establish the possession of plaintiff over the suit schedule property. Though the defendant is no way concerned with the suit schedule property, he is obstructing plaintiff's peaceful possession and enjoyment. Hence prayed for decreeing the suit.

/ 15 / O.S.No.6120/2013 During the lifetime of said Gurumurthy Bhovi, he has sold vacant site No.3, Gramthana House List No.3, totally measuring 5557.50 Sq.Ft. in khatha No.116 to one Jayamma on 2.9.1994 as per Ex.P.1. The present defendant and his brothers are attesting witnesses to the said sale deed. The said site has been carved in Sy.No.116 of Hongasandra Village. As on the date of sale deed itself the possession of the suit schedule property has been delivered to said Jayamma. As per sale deed, the name of Jayamma has been entered in the records and khatha has been registered in the name of Jayamma in the records of Madivala Notified Area Committee as per Ex.P.2. The said Jayamma paid tax to the concerned authorities. Subsequently by exercising her proprietary rights over the suit schedule property, she has alienated the same and has executed registered sale deed on 15.6.1998 in his favour as per Ex.P.3. On the same day, the possession of / 16 / O.S.No.6120/2013 the property has been delivered. Since then he is in possession and enjoyment of the suit schedule property. As per sale deed his name has been mutated in the B.B.M.P. records and B.B.M.P. has assigned khatha No.116/3 to the suit schedule property. Presently khatha is standing in his name as per Ex.P.8. He has paid up­ date tax to the B.B.M.P. as per Exs.P.4 to P.6 - Self Declaration Forms, Acknowledgements and Tax Paid Receipts. Ex.P.7 are the encumbrance certificates pertains to suit schedule property. The defendant is no way concerned with the suit schedule property, even then on 1.8.2013 came near the suit schedule property and has obstructed his peaceful possession and enjoyment over the suit schedule property. Hence, prayed for decreeing the suit.

24. Plaintiff in his plaint pleaded that there is a shed in the suit schedule property. Further deposed that since 1998 he is paying tax to municipal authority as per Exs.P.4 to 6. If at all there is a structure or shed in the property, same would be mentioned in the self declaration form as well as in the khatha extract. On perusal of Ex.P.4 - Self Declaration Form in column No.10 there is no mention regarding the existence of shed as alleged by the plaintiff. Even on perusal of Ex.P.8 ­ B Property Register extract, in which at column No.6 there is no / 26 / O.S.No.6120/2013 mention regarding built up area. At column No.7 it is clearly mentioned that, it is vacant land. The evidence of P.W.1 is contrary to his own documents. If at all there is shed in the suit schedule property, same would be reflected in Ex.P.4 - self declaration form Ex.P.8 - B Property Register Extract. All these documents show that there is no shed in the suit schedule property. The evidence of P.W.1 is contrary to his own documents

25. P.W.1 in his entire cross­examination has shown his ignorance about the Ex.P.4 - self declaration form and earlier documents in respect of suit schedule property and also tried to give evasive answers. P.W.1 deposed that suit schedule property has been carved in Sy.No.116 of Hongasandra Village, but in his cross­ examination at page No.9 he clearly deposed that, " ನಪ­3 ರಎತತ ಖರಕದಸರರವತನರ ಎಎದರ ಹತಕಳಲಲದ ಸಸತರತ ಸವತರ ನಎ.116 ರ ಯಲವ ಭಲಗದಲಲ ಬರರತತದತ ಎಎದರ ನನಗತ ಹತಕಳಲರ ಆಗರವವದಲಲ."

                            / 27 /          O.S.No.6120/2013

      26. P.W.1     further     deposed   that   land   bearing