B.G. RAMASWAMY S/O. LATE B. GUNDU RAO Vs. B.G. SRINIVASA MURTHY S/O. LATE B. GUNDU RAO, SRI B.G. SATHYANARAYANA S/O. LATE B. GUNDU RAO, SMT. ANNAPOORNA W/O. SRI M.S. SUNDARESHA AND THE BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER@RESPONDE

JUDGEMENT

(1.) PETITIONER /Plaintiff has instituted O.S. No. 7182/1998 on the file of City Civil Court, Bangalore, against Respondents/Defendants for the relief of declaration of title, possession and for alternate/consequential reliefs in respect of the suit schedule property. The Defendants have filed written statements and have contested the suit claim. Issues were raised.

(2.) A letter was sought to be marked during the course of evidence of PW -1, which was objected on behalf of the Defendants, on the ground that, there is relinquishment of right over the immovable property, which is more than Rs. 100/ - and requires compulsory registration.

(3.) SRI A.M. Vijay, learned advocate appearing for the Petitioner firstly contended that, the impugned letter is a continuation of the registered release deed dated 18.06.1979 and does not purport to create any fresh right, title or interest over Site No. 42, which was acquired by the CUB nor does it relinquish any right over the immovable property as such and in holding otherwise, the learned trial judge has committed an error and illegality. Secondly, the trial court has failed to appreciate that, under the objected letter what was sought to be done was the cancellation of indemnity bond and the joint affidavit dated 16.06.1979 and such an act of cancellation of unregistered documents would not attract the provisions of Section 17 -B of the Act and hence, the impugned order is irrational and illegal.