IN THE COURT
OF THE CIVIL JUDGE ( JrDn ) AT TUMKUR.
O.S.No. /2011
BETWEEN:
SMT.
NAGARATHNAMMA
W/O GANGAPPA
& D/O LATE DASAPPA
AGED ABOUT
_______ YEARS
R/AT KESTUR GRAMA
KORA HOBLI
TUMKUR TALUK
TUMKUR DISTRICT
….PLAINTIFF’S
AND :
1. SIDDALINGAMMA,
W/O LATE DASAPPA
AGED ABOUT 70 YEARS
R/AT NELAHALL GRAMA
BELLAVI HOBLI
TUMKUR TALUK
TUMKUR DISTRICT
2. RAJANNA,
S/O LATE DASAPPA,
AGED ABOUT
53 YEARS,
R/AT NELAHALL GRAMA
BELLAVI HOBLI
TUMKUR TALUK
TUMKUR DISTRICT
3. SIDDAPPA
S/O LATE DASAPPA
AGED ABOUT 45 YEARS
R/AT NELAHALL GRAMA
BELLAVI HOBLI
TUMKUR TALUK
TUMKUR DISTRICT
4. CHANDRASHEKAR
S/O LATE
DASAPPA
AGED ABOUT
43 YEARS
R/AT NELAHALL GRAMA
BELLAVI HOBLI
TUMKUR TALUK
TUMKUR DISTRICT
5.
KRISHNAMURTHY
S/O LATE RAMALINGAIAH
AGED ABOUT 43 YEARS
LINGANAHALLI, NELAHAL ANCHE
BELLAVI HOBLI
TUMKUR TALUK
TUMKUR DISTRICT
………………..DEFENDANT’s
PLAINT UNDER ORDER VII RULE 1
READWITH SECTION 26 OF THE CODE OF CIVIL PROCEDURE, 1908.
The Plaintiff,s in the above case most respectfully submits, as
follows :
1. That, the
address of the Plaintiff’s for the purpose of service of summons, notices,
etc., from this Hon’ble Court is as set out in the cause- title. The Plaintiff
may also be served through their Counsel’s
H. Venugopal and Y. Raghavendra advocates TAPCMS building near DC office
tumkur.
2. The
Addresses of the Defendant’s for the said purpose is as stated in the cause
-title.
3. That the
plaintiff’s submits that the properties mentioned at the foot of the plaint herein after
reffered to as suit schedule properties are the ancestral and joint family properties of plaintiff’s and 1ST TO 4TH
Defendants of the suit. The first
defendant is the mother of plaintiff and
2nd to 4th defendants are brothers of plaintiff. All
are having agriculture as their avocation. That the Genological tree of the
plaintiff’s and the defendant’s as follows
LATE DASAPPA
(DEAD)
SIDDALINGAMMA (1ST Dft)
_________________________________________________________________/__________________________________________
/ / / /
NAGARATHNAMMA RAJANNA SIDDAPPA CHANDRASHEKAR
(PLAINTIFF) (2ND
Dft) (3RD Dft)
(4TH Dft)
4. The fifth
defendant colluding with all other defendants have created sham sale deed in
order to deprive the share of plaintiff in the suit schedule property. Hence
fifth defendant is arraigned as necessary party to claim relief against such
sham transactions.
5. The
Plaintiff’s submits that, The suit schedule property is a joint family
property. There is no partition among joint family members.
6. The
Plaintiff’s submits that, 1 to 4 Defendant’s altogether are the joint managers
of the joint family consisting of suit schedule properties and started
mis-managing the suit schedule properties for their illegal acts against the
interest of joint family, by colluding with
defendant 5. These facts came to the knowledge of plaintiff very
recently.
7. The
Plaintiff’s submits that, 1 to 4 defendants by colluding with 5th
defendant have created three sham sale deeds on the same dates, which was
registered on 19-12-2006 in Book no.1, CD no. TMKD 109 and with
Registration numbers consecutively . (1)
TMK-1-13489-2006-07 (2) TMK-1-13492-2006-07
(3) TMK-1-13493-2006-07.
8. The
Plaintiff’s submits that, Inspite of above facts 5th defendant’s is trying to further sell off
the suit schedule properties , without the knowledge of plaintiff’s. It came to
plaintiff’s knowledge when some persons went to plaintiff’s residence to ask and verify the G-Tree of
Plaintiff’s Joint Family.
9. The
Plaintiff’s further submits that, Later plaintiff’s demanded defendant’s 1 to 4
to settle their shares and partition the suit schedule properties in end of
June 2011. But 1 to 4 defendant’s refused to give plaintiff’s shares and
threatened and given vauge and evasive answer only with malifide intention to
deprive the rights of the plaintiffs, and hence this suit.
10.
The Plaintiff’s further submits that, The cause of action for the
suit arose about 20 days back when the plaintiff’s demanded the 1 to 4
defendant’s to allot their legitimate
share in all the suit schedule properties by metes and bounds for which
defendants refused at Tumkur, within the jurisdiction of this Hon’ble court.
11.
The documents related to suit schedule properties are produced
along with plaint as Annexure-____ to Annexure-_____for the kind perusal of
this Hon’ble court.
12.
The suit is valued for the purposes of Jurisdiction and payment of
court fee as per valuation slip annexed to this plaint and court fee is paid
accordingly on the plaint.
13.
The Plaintiff’s further
submits, that, she have not filed any other Suit, Petition or application,
initiating any other proceedings before any Court or Authority in respect of
the subject matter against the Defendants seeking the same relief sought in
this Suit.
14.
The Plaintiff’s submits,
that, she have no other alternative, effective or adequate remedy otherwise
than by means of filing this Suit. No
proceedings is pending before any other Court on same cause of action.
WHEREFORE, in the above facts and circumstances of the case,
the Plaintiff’s most respectfully prays that, this Hon’ble Court may be pleased
to PASS A JUDGEMENT AND DECREE against the Defendant’s herein for the following
relief/s:
i.
DIRECTING a
Partition of the Plaint Schedule Property into five legitimate shares by metes
and bounds and to after such partition put the Plaintiff’s in separate
possession of her legitimate share in Suit
Schedule Property.
ii.
Declare that the alleged sham sale deeds
as described in para 7 of the plaint are not binding on plaintiff’s legitimate
share.
iii.
DIRECT the Defendant’s to pay the Plaintiff’S the costs of this Suit and
grant such other relief or reliefs as this Hon’ble Court deems fit to grant in
the circumstances of the case.
SCHEDULE PROPERTY
1. All that, piece and parcel of the Immovable Agricultural Land
bearing Sy. No. 22 situated at Yeladodlu
grama, Kora hobli, Tumkur taluk, Tumkur
district, out of total Measurement of 27
Acres 29 Guntas, the extent of 3 acres 36
guntas which is having khatha number 12
and additionally kharaab land in that portion.
Having land Revenue as Rs 12-72 for
total extent. Bounded on by
East: Deaf Ranganna’s land,
West: Hirehoblaiah’s land,
North: Rangamma’s land,
South: Kenchaiah, karehanumanthaiah, police
nanjappa’s land
2. All that, piece and parcel of the Immovable Agricultural Land
bearing Sy. No. 22 situated at
Yeladodlu grama, Kora hobli, Tumkur
taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 2 acres 21 guntas which is
having khatha number 12 and additionally kharaab land in that
portion. Having land Revenue as Rs
12-72 for total extent. Bounded on by
East: Joint family property,
West: Hirehoblaiah’s land,
North: Rangamma’s land,
South: Hirehoblaiah’s land
3. All that, piece and parcel of the Immovable Agricultural Land
bearing Sy. No. 22 situated at
Yeladodlu grama, Kora hobli, Tumkur
taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 1 acres 23 guntas which is
having khatha number 46 and additionally kharaab land in that
portion. Having land Revenue as Rs
12-72 for total extent. Bounded on by
East: Rangamma’s land,
West: Obajaiah’s land,
North: Tovinakere road
South: Hanumanthaiah and Boraiah’s land
PLAINTIFF
ADVOCATE FOR
PLAINTIFF
V E R I F I C A T I O N.
I NAGARATHNAMMA the Plaintiff’s hereby declare, that, what is stated in
the above paras at 1 to 14 of the Plaint are true and correct to the best of my
knowledge, information and belief.
PLAINTIFF
DATE
PLACE: TUMKUR
IN THE COURT
OF THE CIVIL JUDGE ( JrDn)
AT TUMKUR.
O.S.No. /2011
IA …………/2011
PLAINTIFF’S/APPLICANT
V/S DEFENDANT’s/OPPONENTS
NAGARATHNAMMA SIDDALINGAMMA
AND
OTHERS
INTERLOCUTORY APPLICATION UNDER
ORDER XXXIX RULE 1 & 2 READWITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE,
1908.
The Applicant/Plaintiff
in the above case most respectfully submits that, for the reasons sworn to in
the accompanying affidavit, this Hon’ble Court may be pleased to grant an
exparte ad-interim Order of Temporary Injunction restraining the Defendant’s
from alienating the Suit Schedule Property, mentioned in this IA pending
disposal of the above case, in the interest of justice and equity.
SCHEDULE PROPERTY
4. All that, piece and parcel of the Immovable Agricultural Land
bearing Sy. No. 22 situated at
Yeladodlu grama, Kora hobli, Tumkur
taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 3 acres 36 guntas which is
having khatha number 12 and additionally kharaab land in that
portion. Having land Revenue as Rs
12-72 for total extent. Bounded on by
East: Deaf Ranganna’s land,
West: Hirehoblaiah’s land,
North: Rangamma’s land,
South: Kenchaiah, karehanumanthaiah, police
nanjappa’s land
5. All that, piece and parcel of the Immovable Agricultural Land
bearing Sy. No. 22 situated at
Yeladodlu grama, Kora hobli, Tumkur
taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 2 acres 21 guntas which is
having khatha number 12 and additionally kharaab land in that
portion. Having land Revenue as Rs
12-72 for total extent. Bounded on by
East: Joint family property,
West: Hirehoblaiah’s land,
North: Rangamma’s land,
South: Hirehoblaiah’s land
6. All that, piece and parcel of the Immovable Agricultural Land
bearing Sy. No. 22 situated at
Yeladodlu grama, Kora hobli, Tumkur
taluk, Tumkur district, out of total Measurement of 27 Acres 29 Guntas, the extent of 1 acres 23 guntas which is
having khatha number 46 and additionally kharaab land in that
portion. Having land Revenue as Rs
12-72 for total extent. Bounded on by
East: Rangamma’s land,
West: Obajaiah’s land,
North: Tovinakere road
South:
Hanumanthaiah and Boraiah’s land
(APPLICANT)
ADVOCATE FOR APLICANT/PLAINTIFF’S
V E R I F I C A T I O N.
I, NAGARATHNAMMA, the Plaintiff
hereby declare, that, what is stated in the above is true and correct to the
best of my knowledge, information and belief.
NAGARATHNAMMA
(APPLICANT)
PLACE : TUMKUR
DATED
IN THE COURT
OF THE CIVIL JUDGE ( JrDn)
AT TUMKUR.
O.S.No. /2011
IA …………/2011
PLAINTIFF’S/APPLICANT
V/S DEFENDANT’s/OPPONENTS
NAGARATHNAMMA SIDDALINGAMMA
AND
OTHERS
A F F I D A V I T
I NAGARATHNAMMA ,
W/O GANGAPPA, aged about _______ years,
Residing at Kestur Grama do
hereby solemnly affirm and state on oath as follows :
1. I
submit, that, I am the Plaintiff in the above case. I am well conversant with the facts of the
case. Hence, I am swearing to the
contents of this affidavit.
2. I
submit, that, I have filed the above suit for partition and separate possession
in the suit Schedule Property against the Defendant’S. Further, I submit that, the averments made in
the Plaint may kindly be read as part and parcel of this affidavit in order to
avoid repetition of the facts.
3. The
1 to 4 defendant is the managers of the joint family consisting of suit
schedule properties and started mis-managing the suit
schedule properties for their illegal acts against the interest of joint family,
by colluding with 5th defendant.
4. 5th
Defendant’s are trying to sell off the suit schedule property in order to
further complicate the matter and drag delay the legitimate claim of
plaintiff. It came to plaintiff’s knowledge when some
persons went to plaintiff’s residence to enquire about G-Tree.
5. I
have intimated my desire to the 1 to 4 Defendants on several occasions to
effect the partition share in the
Schedule Property by metes and bounds as I am entitled to share in the Schedule Property, since the
same is ancestral property being not divided.
But the 1to 4 Defendants have failed to comply with my request and has
refused to effect the partition by metes and bounds and put me in possession
of share in the Schedule Property. Besides, the 1 to 4 Defendant’s by colluding
with 5th defendant have
developed a hostile attitude towards me and and have started giving all sorts of pinpricks
to me with an intention to knock of the entire Schedule Property without giving
my legitimate share and also through creation
of sham sale deeds. Thus, the Defendants
by their quixotic behaviour and attitude made our life miserable.
6.
Further, I submit that, the Defendant’s who have been hostile towards me
on account of demanding my legitimate share in the Suit Schedule Property have
been asserting and threatening that they will immediately dispose of and induct
some more and more strangers in the
Schedule Property. If the Defendant’s
are allowed to do so, I will suffer irreparable loss and hardship and
the act of the Defendant’s will be prejudicial and detrimental to my rights.
7. I
submit that, if the Defendant’s are not restrained by means of Temporary
Injunction from alienating, creating charge or encumbering the suit Schedule
Property in any manner whatsoever pending disposal of this suit, I will be put
to very great hardship, irreparable loss, which cannot be equated in terms of
money or monies worth. If the said order
is passed in my favour no harm or injury will be caused to the other side.
8. I
submit that, I have made out a prima facie case. The balance of convenience fully lies in my
favour. If the interim order of Temporary Injunction is granted in my favour
no harm will be caused to the other side. Hence, this interlocutory application
for interim order, restraining the defendant from alienating, creating charge
or encumbering the suit Schedule Property.
WHEREFORE, in the
above facts and circumstances of the case, I respectfully pray, that, this
Hon’ble Court be pleased to grant an order of
Temporary Injunction restraining the Defendant’s from alienating,
creating charge over the suit Schedule Property pending disposal of the suit
Schedule Property in the interest of the justice and equity.
I the deponent herein, do hereby declare
that, this is my name, signature and contents of the affidavit are true and
correct to the best of my knowledge, information and belief.
PLACE : TUMKUR
DATED: DEPONENT.
Identified
by me
ADVOCATE.
IN THE COURT
OF THE CIVIL JUDGE ( JrDn)
AT TUMKUR.
O.S.No. /2011
PLAINTIFF’S/APPLICANT
V/S DEFENDANT’s/OPPONENTS
NAGARATHNAMMA SIDDALINGAMMA
AND
OTHERS
V A L U A T I O N S L I P
The Suit is valued at Rs. 45/- (per share) as per the market value
of the item 1 and 2 of Schedule Property arrived as per The
Karnataka Court Fees And Suits Valuation Act 1958 . The Schedule Property is in
joint possession of the Plaintiff’S alongwith the Defendant 1 TO 4, as they
being joint owners. Hence, a fixed Court Fee of Rs. 15/- to the share of plaintiff is paid on the
Plaint as per Section 35(2) of the Karnataka Court fees and Suit Valuation Act,
1958, Since the total market value of the share itself not crosses Rs 3000-00.
The other Relief of declaration sought on the suit schedule property is valued at Rs 954 which is being less than Rs 1000 and fixd
court fee of Rs 25-00 is paid.
|
Relief NO. |
Under which section of The
Karnataka Court Fees And Suits Valuation Act 1958court fee
paid |
How much valued |
How much court fee paid |
|
1 |
35(2) |
Rs 191 per share |
Rs 15-00 |
|
2 |
24(a) |
Rs 1000-00 |
Rs 25-00 |
|
|
|
|
Rs 40-00 |
HOW MARKET VALUE IS ARRIVED
|
Serial
No. of the property in the plaint schedule |
The
clause of section 7(2) OF The Karnataka Court Fees And Suits Valuation Act
1958 under which the property comes |
The
amount of Revenue or other basis for valuation |
Method
adopted to arrive at the valuation |
Valuation
arrived at |
|
1 |
2 |
3 |
4 |
5 |
|
1 |
(a) |
12-72 |
25 times |
318-00 |
|
2 |
(a) |
12-72 |
25 times |
318-00 |
|
3 |
(a) |
12-72 |
25 times |
318-00 |
|
|
|
|
|
954-00 |
PLACE : TUMKUR
DATED : ADVOCATE FOR PLAINTIFF’S
IN THE COURT
OF THE CIVIL JUDGE ( JrDn)
AT TUMKUR.
O.S.No. /2011
PLAINTIFF’S/APPLICANT
V/S DEFENDANT’s/OPPONENTS
NAGARATHNAMMA SIDDALINGAMMA
AND
OTHERS
VERIFYING AFFIDAVIT
I NAGARATHNAMMA ,
W/O GANGAPPA, aged about _______ years,
Residing at Kestur Grama do
hereby solemnly affirm and state on oath as follows :
1. I submit that, I am the Plaintiff in the above
case. I am well conversant with the facts of the case. Hence, I am swearing to
the contents of this affidavit.
2. I
submit that, today I have
filed the above Suit for Partition and separate possession of our share in the
Suit Schedule Property against the Defendants.
Further, I submit, that, the averments made in the Plaint may kindly be
read as part and parcel of this affidavit in order to avoid repetition of
facts.
3. I submit that, the averments made in para 1 to
14 of the accompanying Plaint are true and correct to the best of my knowledge,
information and belief.
4. I submit that, the Documents produced in the
Plaint are true copies of the Original.
I, the
deponent herein, do hereby declare that this is our name, signature and that
the contents of this affidavit are true and correct to the best of our
knowledge, information and belief.
PLACE : Tumkur
DATED : D E P O N E N T
Identified
by me,
Advocate,
IN THE COURT
OF THE CIVIL JUDGE ( JrDn)
AT TUMKUR.
O.S.No. /2011
PLAINTIFF’S/APPLICANT
V/S DEFENDANT’s/OPPONENTS
NAGARATHNAMMA SIDDALINGAMMA
AND
OTHERS
LIST OF DOCUMENTS
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Anne xure |
Description |
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B |
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C |
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D |
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E |
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PLACE : Tumkur
DATED : ADVOCATE FOR PLAINTIFF
IN THE COURT
OF THE CIVIL JUDGE ( JrDn)
AT TUMKUR.
O.S.No. /2011
PLAINTIFF’S/APPLICANT
V/S DEFENDANT’s/OPPONENTS
NAGARATHNAMMA SIDDALINGAMMA
AND
OTHERS
I N D E X
|
SL NO |
DESCRIPTION |
PAGE NO |
C.FEE PAID |
|
1 |
PLAINT UNDER ORDER VII RULE 1
R/W SECTION 26 OF CPC ALONG WITH SECOND COPY |
|
RS 40-00 |
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2 |
VALUATION SLIP |
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3 |
VERIFYING AFFIDAVIT |
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4 |
LIST OF DOCUMENTS ALONG WITH
DOCUMENTS |
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5 |
VAKALATH |
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6 |
INTERIM
APPLICATION |
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7 |
AFFIDAVIT
IN SUPPORT OF IA |
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8 |
PLAINT
COPY |
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PLACE : Tumkur
DATED : ADVOCATE
FOR PLAINTIFF
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