Document Fragment View

Matching Fragments

This is a suit filed by the plaintiff against the defendant for permanent injunction.

O.S.395/2011

2. It is the specific case of the plaintiff that, the suit schedule property originally belongs to the mother of the plaintiff - Smt.Muniakkayamma and she was staying in the said property and also constructed a house and the said property was allotted by the Government of Karnataka to the site less persons and Government had also issued order on 07.11.1995 and Government had also issued directions to the Bangalore City Corporation to fix the assessment. Accordingly, the Corporation prepared the sketch in respect of the schedule property where the plaintiff mother and his family members are residing and they allotting CTS No.1323 and also issued a copy of the construction of house and holding certificate. Smt. Muniakkayamma was died and thereafter, the Corporation authority had issued a holder khatha in favour of Sri Rangappa i.e., in favour of the plaintiff and given the property identification No.IPD 112/23.

13. On the contrary, the defendant himself has been examined as DW.1 and he has reiterated the contents of the written statement in his oral testimony and also got produced Ex.D1 to D6.

14. It is very significant to note that, the plaintiff has filed the suit against the defendant for permanent injunction and it is the specific assertion of the plaintiff that, the suit schedule property was allotted by the O.S.395/2011 Government of Karnataka in favour of the plaintiff's mother and the suit schedule property bearing No.23 situated at Harijana colony, Peenya village, Bangalore with the specific boundaries. The plaintiff has produced Ex.P2 i.e., the copy of the order passed by the Government of Karnataka on 27.01.1997, Ex.P3 is the certificate issued in respect of CTS 1321 in the name of Smt.Muniakkayamma, Ex.P4 is the khatha extract issued in favour of the plaintiff, Ex.P5 is the holder khatha certificate issued by the Bangalore Mahanagara Palike in favour of the plaintiff in respect of the suit schedule property and Ex.P6 to P9 are the Tax paid receipts, Ex.P10 is the property register standing in the name of the mother of the plaintiff, Ex.P11 is the CT certificate, Ex.P12 is the enquiry report, Ex.P13 is the notice issued by the BBMP authority and Ex.P16 is the certified copy of the FIR, Ex.P17 to P25 are the original electricity bills and receipts in the name of the plaintiff.