IN THE HON’BLE COURT OF THE SENIOR CIVIL

JUDGE AND J.M.F.C., AT NELAMANGALA

O.S.NO. 508 OF 2018

PLAINTIFF …Sri. T.
Revanna

V/S

DEFENDANTS …Smt. Siddamma &

Ors.

WRITTEN ARGUMENTS FILED BY THE PLAINTIFFS

The plaintiff is herein the above named most

respectfully submits written arguments as follows:

1. It is submitted that, one Hanumaiah had two sons

namely Siddaiah and Revaiah. The said Siddaiah
and Revaiah are own brothers, in that the Siddaiah
S/o. Hanumaiah was the paternal grandfather of
the plaintiff and the said Siddaiah S/o. Hanumaiah
was an elder brother of the Plaintiff's father by
name Revaiah, the said Siddaiah S/o Hanumaiah
was unmarried. The said Siddaiah S/o Hanumaiah
expired leaving behind his own brother by name
Revaiah S/o Hanumaiah to succeed to his estates
and the said Revaiah also expired leaving behind
his son and daughter namely Thimmappa Gowda
and Gangamma. The said Thimmappa Gowda was
a father of the plaintiff herein, he was also died
leaving the plaintiff to succeed to his estate.

2. It is submitted that, the plaintiff is the absolute

owner of the land bearing Sy.No. 170/1, measuring
to an extent 0.19 guntas, out of 2 acres 26 guntas,
situated at Byrasandra village, Kasaba Hobli,
 Nelamangala Taluk, Bengaluru Rural District, which
is morefully described in the Schedule hereunder
and hereinafter referred to as SUIT SCHEDULE
PROPERTY.

3. It is submitted that, the Plaintiff is a grandson. of

Siddaiah S/o Hanumaiah. During the life time of
grandfather of the plaintiff by name Siddaiah S/o.
Hanumaiah had acquired the land bearing Sy.No.
170/1, totally measuring to an extent 4 acres 26
guntas, including 2 acres of Kharab Land, situated
at Bryarasandra Village, Kasaba Hobli,
Nelamangala Taluk, Bengaluru Rural District by
way of Partition ast he was a son of Khatedar of the
said land and he was in peaceful possession and
enjoyment of the above said land and on the
Revenue Records are stands in the name of
grandfather of the plaintiff by name. Siddaiah S/o.
Hanumaiah.

4. It is submitted that, the Special Deputy

Commissioner for Inam Abolition at Bengaluru had
re-granted the Land in Sy.No. 170/1, measuring to
an extent of 0.29 guntas out of 2 acres 26 guntas
in favour of Siddaiah S/o. Chikkanna on 08.09.1958
in case No.50/1957-58 and the office of the Inam
Abolition Special Deputy Commissioner, Bengaluru
had issued an Endorsement on 07.09.1959 in
favour of the Siddaiah S/o. Chikkanna.

5. It is submitted that, the Special Deputy

Commissioner for Inam Abolition at Bengaluru had
re- granted the Land in Sy.No.170/1, measuring to
an extent of 0.29 guntas out of 2 acres 26 guntas
in favour of Henjappa S/o. Chikkanna on
04.09.1958 in case No.61/1957-58 and the office of
the Inam Abolition Special Deputy Commissioner,
Bengaluru had issued an Endorsement on
10.9.1959 in favour of the Henjappa S/o.
Chikkanna.
6. It is submitted that, the Special Deputy
Commissioner for Inam Abolition at Bengaluru had
re- granted the Land in Sy.No.170/1, measuring to
an extent of 0.29 guntas out of 2 acres 26 guntas
in favour of Joganna S/o. Siddabyrappa on
08.09.1958 in case No.116/1957-58 and the office
of the Inam Abolition Special Deputy
Commissioner, Bengaluru had issued an
Endorsement on 07.9.1959 in favour of the Joganna
S/o. Siddabyrappa.

7. It is submitted that, the Special Deputy

Commissioner for Inam Abolition, Bengaluru has
passed an order in respect of the land bearing
Sy.No.170/1, totally measuring 2 acres 26 guntas,
situated at Byrasandra Village, Kasaba Hobli,
Nelamangala Taluk, as per the order of the Special
Deputy Commissioner for Inam Abolition, has
registered the(1) Siddaiah S/o Chikkanna (2)
Henjappa S/o. Chikkanna and (3) Joganna S/o
Siddabyrappa have registered are an occupants
and Khatedars under section 10 of the Mysore
personal Inam Abolition Act 1954 in respect of the
Sy.No.170/1, measuring 0.29 guntas each
(i.e.0.29+0.29+0.29-87 guntas, that equal to 2
acre 07 guntas) out of 2 acres 26 guntas. As per
the order of the Special Deputy Commissioner for
Inam Abolition, at Bangalore the said 3 persons
have got right, title and interest over their property
0.29 guntas each totally 2 acre 07 guntas out of 2
acre 26 guntas and 0.19 guntas of land in
Sy.No.170/1, is remained to the original Khatedar,
by name Siddaiah S/o Hanumaiah in the said land,
the said Siddaiah S/o. Hanumaiah was a
grandfather of the plaintiff herein, as such the
plaintiff being the legal heir of the original
Khatedar, the plaintiff is entitled for remaining 0.19
guntas in the said Sy.No.170/1 of Byrasandra
Village, Kasaba Hobli, Nelamangala Taluk.
8. It is submitted that, the plaintiff came to know that
one Narayanappa S/o. Siddabyraiah filed an
application before the Assistant Commissioner for
rectification of extent of the Sy. No. 170/1 and the
said Assistant Commissioner has passed an order
in RRT (N)47/09-10 dated 22.07.2009, based on the
order of the Assistant Commissioner the mutation
has been effected vide its MR.No.6/2009-10 dated
25.08.2009 illegally without the knowledge and
consent of the plaintiff and without issuing notice
from the Tahsildar, Nelamangala Taluk either to
the grandfather or to the plaintiff by name Siddaiah
S/o Hanumaiah or to the plaintiff herein by
violating the principles of Natural justice and the
said Tahsildar has not offered a suitable
opportunity to the plaintiff before effecting the
mutation in MR.No.6/2009-10 and after knowing
the same by the plaintiff he approached the
Tahsildar and enquired about the same, the
Revenue Authorities, Nelamangala Taluk have
orally directed the plaintiff to approach the
Assistant Commissioner, Doddaballapura Sub-
Division at Doddaballapura for necessary orders.
Then after the plaintiff has preferred the Appeal
before the said Assistant Commissioner in RA.(N)
No.213/ 2013-14 against the Mutation order vide
its MR. No.6/2009-10, dated 25.8.2009 in respect of
the property bearing No.170/1, measuring to an
extent of 0.19 guntas belongs to plaintiff herein
and the said Assistant Commissioner has passed an
order on 13.11.2015 by allowing the appeal filed by
the plaintiff and dismissed the alleged
MR.No.6/2009-10 and the matter is remanded to
the Tahsildar and directed the Tahsildar,
Nelamangala Taluk after verifying the possession
of the plaintiff and also recent encumbrance
certificate with regard to the alienation of the
property if any in respect of the land bearing
Sy.No.170/1, measuring 0.19 guntas which is in the
name of the Siddaiah S/o Hanumaiah and take
 necessary action under section 127 of the
Karnataka Land Revenue Act 1964.

9. It is submitted that, after the order passed by the

Assistant Commissioner and remanded to the
Tahsildar, the Revenue officials registered the RRT
Disputes vide its No. RRT/DIS/87/16-17 and issued
the notices to the khatedars in Sy.No.170/1 on
18.11.2017 and intimated the Khatedars and
hissedars with regard to survey the land and to
present on the date of Survey the above said land
and shown their hissas by showing the necessary
documents belongs to them and then conducted
the Survey of the land bearing Sy.No. 170/1 of
Byrasandra Village, Kasaba Hobli, Nelamangala
Taluk and plaintiff is present on the date of Survey
and the Surveyors are identified the possession of
the plaintiff in the survey No.170/1 measuring to an
extent of 16 guntas out of 19 guntas and the
Surveyors are prepared the survey sketch and
showed that the plaintiff is in peaceful possession
and enjoyment of the 16 guntas of the
Sy.No.170/1, which is morefully described herein
and hereinafter referred to as suit Schedule 'A'
Property.

10. It is submitted that, after surveyed the land

bearing Sy.No.170/1 of Byrasandra Village, the
plaintiff came to know that the remaining 3 guntas
of land is in illegal possession of the Revanna S/o.
Joganna who is the husband of the 3rd Defendant
and father of the Defendant No.4 and 5 and the
above said remaining 3 guntas of land out of 19
guntas in Sy.No.170/1 of Byrasandra Village which
is morefully described as schedule hereunder and
hereinafter referred to as the Suit Schedule 'B'
Property.

11. It is submitted that, the remaining 3 guntas of

land in the said Sy.No. 170/1 is in illegal possession
of the husband of the 3 Defendant and father of
 the defendant No.4 and 5 and then after the
plaintiff is obtained the RTC Extracts of Sy.No.
170/1 and verified the same, the plaintiff is
shocked and surprised to see the illegal MR. No.
H.41/2015-16 is mutated in the name of Revanna
S/o Joganna and obtained the illegal Mutation vide
its M.R. No.H41/ 2015-16 dated 3.8.2016 and then
the plaintiff obtained the Certified copy of the
alleged mutation and noticed that the illegal
mutation effected in the name of Revanna S/o
Joganna, measuring 39 guntas instead of 29 guntas
and the said Revanna S/o. Joganna and his sisters
and brothers have only right, title and interest only
with regard to 29 guntas in the Sy.No. 170/1 of
Byrasandra Village, as per the order of the Special
Deputy Commissioner for Inam Abolition and then
the plaintiff verified in this Hon'ble Court by taking
the help of the Counsel and then only the plaintiff
came to know that, the Revanna S/o Joganna and
his sisters and brothers have actively colluded with
each other and hatched a plan to grab the valuable
property belongs to plaintiff and they have filed
collusive partition suit in respect of the property
bearing Sy.No.170/1, measuring 39 guntas of
Byrasandra Village as Item No.6 in the said
Partition suit illegally, in the said partition suit the
sisters of the Revanna S/o Joganna by name
Siddamma and Gangalakshmamma @
Lakshmamma are arrayed as plaintiffs and the said
Revanna S/o Joganna and his brothers arrayed as
defendants and the alleged said suit is numbered
as O.S.No.596/2015 filed before this Hon'ble
including other properties belongs to them.

12. It is submitted that, the plaintiff after came to

know that the said Revanna and his sisters and
brothers filed a false partition suit in
O.S.No.596./2015 before this Hon'ble Court and the
Plaintiff taking the help of Counsel, the plaintiff
applied on 3.03.2018 for the Certified copy of the
entire order sheet, plaint copy, Verifying Affidavit,
I.A. No.1 with Affidavit and compromise petition
and compromise decree and the same are handed
over to the Counsel of the plaintiff and after go
through the same by the Counsel of the plaintiff,
the plaintiff came to know that, the Revanna S/o
Joganna and his brothers and sisters of the
plaintiffs have actively colluded with each other
and have filed a false suit in O.S.No.596/2015 in
respect of the properties belongs to them including
the property bearing Sy.No.170/1, measuring 39
guntas instead of 29 guntas illegally and they have
filed a compromise petition under order XXIII Rule
3 of the Code of Civil Procedure and they have
obtained the compromise Decree illegally by
misleading this Hon'ble Court and obtained a
compromise decree without any documents and
without any documents or possession of the same
and in the said alleged compromise decree the
Sy.No. 170/1, measuring 39 guntas instead of 29
guntas is mentioned as 'A' Schedule which is fallen
to the share of the Revanna S/o Joganna, who is
the 1 Defendant in the above said suit in
O.S.No.596/2015 and the said compromise decree
is registered in the office of the Sub-Registrar,
Nelamangala Taluk, Nelamangala, Bengaluru Rural
District vide its registered Document No.NMG-1-
12465-2015-16, stored in CD.No.NMGD355, dated
24.02.2016 and based on the Registered
Compromise Decree the said Revanna S/o Joganna
was effected alleged Khata in his name vide its
MR.No.H41/2015- 16, measuring to an extent of 39
guntas instead of 29 guntas illegally and same is
entered in all the Revenue Records. As per the
order of the Special Deputy Commissioner for Inam
Abolition only 29 guntas was granted in Sy.No.
170/1 of Byrasandra Village in favour. of the
Joganna S/o. Siddabyrappa in Case No.116/57- 58,
the said Joganna S/o. Siddabyrappa was a father. of
Revanna, the said Revanna and his sisters and
 brothers have very well known the fact that, they
have only entitled only 29 guntas in said
Sy.No.170/1 of Byrasandra Village, but not 39
guntas, the 10 guntas of land in Sy.No. 170/1 out of
39 guntas is absolutely belongs to the plaintiff. The
Revanna and his brothers and sisters have no any
right, title and possession of the 10 guntas out of
39 guntas of the Sy.No.170/1 of Byrasandra Village.
the defendants by knowing fully well they are
entitled only 29 guntas but not 39 guntas they
have actively colluded with each other to grab the
10guntas of land that absolutely belongs to the
plaintiff have filed a false suit in O.S.No.596/2015
and misleaded this Hon'ble Court and fraud has
been played by them, they have obtained the
compromise decree on 05.12.2015 which is not
binding on the plaintiff in respect of the 10 guntas
out of 39 guntas in Sy.No. 170/1 of Byrasandra
Village and this Hon'ble Court be pleased to set
aside the compromise Decree dated 05.12.2015
only in respect of 10 guntas out of 39 guntas in
Sy.No.170/1 of Byrasandra Village, Kasaba Hobli,
Nelamangala Taluk.

13. It is submitted that, based on the registered

compromise decree dated 05.12.2015 the name of
the Revanna S/o Joganna is entered in all the
revenue records in Sy.No.170/1, measuring 39
guntas instead of 29 guntas illegally as Khatedar
and the said Revanna was died on 17.6.2018
leaving behind the Defendant Nos.3 to 5, as they
are the sole legal heirs of the deceased Revanna to
succeed to his estate. The said Revanna is not at
all entitled in respect of the land bearing
Sy.No.170/1, measuring to an alleged extent of 39
guntas based on the alleged compromise decree
and after the death of the said Revanna, his legal
heirs i.e. Defendants No.3 to 5 are also not having
any right, title and possession of the same, the said
Revanna only entitled to an extent of 29 guntas out
of 39 guntas in Sy.No.170/1 of Byrasandra Village,
Kasaba Hobli in the same manner, the Defendants
No.3 to 5 are also not at all having any rights in the
said alleged extent of 39 guntas, in the said 39
guntas 10 guntas of land in the Sy.No.170/1 is
belongs to the plaintiff. The Assistant
Commissioner also directed the Tahsildar.
Nelamangala Taluk, to effect the khata in the name
of the Plaintiff after verifying the encumbrance
certificate in respect of the Sy.No.170/1 measuring
to an extent of 19 guntas, situated at Byrasandra
Village, Kasaba Hobli, the plaintiff is entitled in the
said Sy.No.170/1, to get khata measuring to an
extent of 19 guntas as per the directional order of
the Assistant Commissioner, Doddaballapura Sub-
Division, Doddaballapura and also as per the
Survey report and survey sketch issued by the
concerned Revenue Authorities, the plaintiff is in
peaceful possession and enjoyment of the
Schedule 'A' Property and after the survey report
only the plaintiff came to know that, the suit
schedule 'B' property is the illegal possession of
the Revanna S/o. Joganna based on the alleged
compromise decree, the same is obtained by the
Revanna S/o Joganna and his sisters and brothers
by misleading this Hon'ble Court and by playing a
fraud to grab the valuable property measuring 10
guntas belongs to plaintiff and this Hon'ble Court
be pleased to direct the defendant Nos.3 to 5 to
handed over the vacant possession of the suit
schedule 'B' property in favour of the plaintiff and
the survey conducted by the Revenue Authorities
and the statements of them are clearly disclosed
that the plaintiff is in peaceful possession and
enjoyment of the suit schedule 'A' property. The
Defendants No.3 to 5 are taking advantage of the
khatha standing in the name of Revanna S/o.
Joganna they are trying to alienate the same in
favour of the third parties if they are succeed to
alienate the alleged 39 guntas instead of 29
 guntas, the 10 guntas of land in Sy.No. 170/1 is
included in the 39 guntas, the khata is in the name
of the Revanna S/o. Joganna, the plaintiff's right
over the 10 guntas of land will be defeated.

14. It is submitted that, as per the Rectified Order

of the Assistant Commissioner, Doddaballapura
Sub-Division in RRT (N) No.47/2009- 10 dated
22.7.2009 the father of the 9th Defendant by name
Siddaiah S/o Chikkanna had got right only 28
guntas in Sy.No. 170/1 of Byrasandra Village, out of
which 8 guntas was acquired by the Office of the
Mangalore-Bengaluru Pipeline Planning Authority,
vide its acquisition No.MBPL/CA/Land Acquisition/
Award /178/2000-01 for the purpose of formation
Petroleum and Bio Gas, Government of India and
then the father of the 9th Defendant remained only
20 guntas in the said Sy.No.170/1 and in the year
2009- 10, in the Column No.9 of the RTC Extract
the what remained. 20-guntas is entered in his
name, but in the year 2010-11 instead of 20 guntas
wrongly entered as 30 guntas in the name of the
9th Defendant without any basis and out of 30
guntas in the name of the 9th Defendant, 9 guntas
of land is belongs to plaintiff but the wrong extent
of 30 guntas instead of 20 guntas is continuously
flowing in the name of the 9th defendant. The
plaintiff applied for the certified copies of the land
acquisition award and also Annexure-1 and Sketch
copy and the same are obtained on 1.10.2018 from
the Office of the Land Acquisition and then only the
plaintiff came to know that the award amount
received by the 9th Defendant in respect of the
Acquisition of his property measuring 8 guntas of
land in Sy.No. 170/1 of Byrasandra Village and the
revenue authorities of Nelamangala Taluk, is not
deducted the 8 guntas of land in Sy.No.170/1 of
Byrasandra Village in the RTC 23 Extracts in the
name of the 9th Defendant.
15. It is submitted that, the cause of action of the
suit arised on 3.3.2018 when the plaintiff came to
know the disposal of the O.S.No.596/2015 by way
of compromise decree and applied for the certified
copies of the entire order sheet, plaint, IA No.1,
compromise petition, Compromise Decree which
are obtained on 19.3.2018 and on 17.09.2018 the
certified copy of the MR.No.33/2010-11 obtained
from Taluk Office, Nelamangala and also on
1.10.2018, the certified copy of the award and also
Annexure-1 and sketch copy are obtained from the
Acquisition Office, within the territorial jurisdiction
of this Hon'ble Court.

16. It is submitted that, The suit is valued as as

per separate valuation slip annexed to the plaint
and the court fee is paid as per sections of
Karnataka Court Fees and Suit Valuation Act.

17. It is submitted that, No other suit or petition is

filed on the same cause of action or subject matter
either past or present before any Court of Law or
Forum.

PRAYER
WHEREFORE, the plaintiff prays that this Hon’ble
court may be pleased to pass judgement and
decree in favour of plaintiff as follows:

a) To declare that the plaintiff is the absolute

owner of the suit schedule property.

b) To declare that the plaintiff is absolute owner in

possession of the suit schedule ‘A’ property.

c) To direct the defendants no.3 to 5 to deliver the

vacant possession of the suit schedule ‘B’
property in favour of the plaintiffs.
d) To set aside the Compromise Decree dated
05.12.2015 in O.S.No.596/2015 passed by this
Hon'ble Court only with regard to 10 guntas out
of 39 guntas in respect Sy.No.170/1 of
Byrasandra Village, Kasaba Hobli, Nelamangala
Taluk, which is obtained fraudulently and
misleaded by the husband of the 3rd defendant
and father of the defendants No.4 and 5 by
name Revanna S/o. Joganna along with the
Defendant No. 1, 2, 6, 7 and 8 and same is not
binding on the plaintiff and also to set aside the
MR.No.H.41/2015-16 in respect of 10 guntas out
of 39 guntas in same Sy.No. 170/1 of Byrasandra
Village.

e) To direct the Tahsildar, Nelamangala Taluk to

rectify the mistake crept in entering 30 guntas
wrongly instead of 20 guntas in the name of the
9th Defendant and to effect the Khatha in the
name of the plaintiff and to enter the name of
the plaintiff in Column No.9 of the RTC Extracts
only in respect of 19 guntas in Sy.No.170/1 of
Byrasandra Village, Kasaba Hobli, Nelamangala
Taluk, Bengaluru.

f) pass an order of permanent injunction,

restraining the defendants No.3 to 5 in any way
alienating or encumbering the land bearing
Sy.No.170/1 measuring to an extent of 10
guntas only out of alleged extent of 39 guntas
instead of 29 guntas and also restraining the
defendant No.9 in any alienating or encumbering
the land only 9 guntas in the same Sy.No.170/1
situated at Byrasandra Village, Kasaba Hobli,
Nelamangala Taluk or any portion thereof, in
favour of third parties, either by themselves or
through their agents, men, etc.

g) Costs of this suit and the grant of such other

relief/s, as this Hon'ble Court deem fit to grant
 under the facts and circumstances of the case,
in the interest of justice.

SCHEDULE PROPERTY

All that piece and parcel of the land bearing

Sy.No.170/1, measuring to an extent of 0.19 guntas, out
of 2 acres 26 guntas, situated at Byrasandra village,
Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural
District and bounded on:

East By : Property of Gangamma W/o

Narasimhaiah
West By : Property of Chikka Chennamma W/o
Boraiah
North By : Property of Revanna S/o Joganna
South By : Chikkamaranahalli Elle.

SCHEDULE ‘A’ PROPERTY

All that piece and parcel of the land bearing

Sy.No.170/1, measuring to an extent of 0.16 guntas, out
of 19 guntas, situated at Byrasandra village, Kasaba
Hobli, Nelamangala Taluk, Bengaluru Rural District and
bounded on:

East By : Property of Gangamma

West By : Property of Chikka Chennamma W/o
Boraiah
North By : Remaining Land measuiring 3
guntas in the same Sy.No.170/1
(Suit schedule ‘B’ Property)
South By : Chikkamaranahalli Elle.
 SCHEDULE ‘B’ PROPERTY

All that piece and parcel of the land bearing

Sy.No.170/1, measuring to an extent of 3 guntas, out of
19 guntas, situated at Byrasandra village, Kasaba Hobli,
Nelamangala Taluk, Bengaluru Rural District and
bounded on:

East By : Property of Gangamma

West By : Property of Chikka Chennamma W/o
Boraiah
North By : Property of Revanna S/o Joganna
South By : Remaining Land measuiring 16
guntas in the same Sy.No.170/1
(Suit schedule ‘A’ Property)

Date:
Place: Advocate for
plaintiff