JAYAMMABRUHATH Vs. BENGALURU MAHANAGARA PALIKE

JUDGEMENT

(1.) The learned counsels for the parties are heard with their consent for final disposal in the light of the assertion that the suit in O.S. NO. 5507/2009 is set down for final arguments. The petitioners are the plaintiffs in O.S. No.5507/2009 on the file of the XXVII Additional City Civil and Sessions Judge, Bengaluru [for short, 'the civil Court']. The petitioners have impugned the civil Court's order dtd. 11/8/2021, and the civil Court by this impugned order has dismissed the petitioners' application under Order VI Rule 17 of the Code of Civil Procedure, 1908 [for short 'CPC'].

(2.) The petitioners have continued the suit in O.S. NO. 5507/2009 filed by the original plaintiff, Smt. Jayamma, for declaration of title and mandatory injunction for the property described as measuring 15 feet x 20 feet and bearing No.187, Bhakshi Garden, Cottonpet Main Road, Chickpet, Bengaluru with certain boundaries [the subject property].

(3.) The petitioners' case is that the original plaintiff's brother, late Shama, who is now represented by the fourth respondent, purchased the subject property comprised in a larger extent under the sale deed dtd. 30/7/1976 and gifted a portion thereof (the subject property) in favour of the original plaintiff under the Gift Deed dtd. 6/8/1984. There was no dispute about the respective possession or the title until the demise of late Shama. However, on his demise, the fourth defendant, his wife, obtained khata for the larger property including the subject property and hence the suit. The fourth respondent has resisted the suit inter alia disputing the description of the subject property in the plaint. One of the specific grounds urged by the fourth respondent is that the suit must be dismissed because of the mis-description of the subject property.