MUNIYAMMA Vs. DEVEGOWDA

JUDGEMENT

(1.) In these cases, the petitioners have challenged the validity of the order at Annexure 'A' dated 29.3.2012 whereby the Chief Judicial Magistrate, Bangalore Rural District, Bangalore, has directed entry of the date of death of Sri Devaiah @ Devegowda as 24.2.1970 at Rajarajeshwarinagar and the death certificate of Devaiah @ Devegowda at Annexure 'B' dated 28.11.2012 issued by the third respondent. The first respondent filed an application under Section 13(3) of the Registration of Births and Deaths Act, 1969 ('Act' for short) in C. Misc. No. 32/2012 before the Magistrate seeking a direction to the Tahsildar, Bangalore South Taluk, to enter the date of death of his father late Devaiah @ Devegowda, son of Odegowda as 24.2.1970 in the records and to issue death certificate. It is contended that he has not intimated the death of his father to the competent authorities as he was under the impression that the hospital authorities would have intimated the date of death. When he approached the third respondent for issue of the death certificate, he was informed that the death of his father was not registered in the records.

(2.) The petition was presented by the first respondent on 21.3.2012 before the Magistrate. The Tahsildar, Bangalore South Taluk, was arrayed as the sole respondent. On the same day, hand summons was issued to the respondent. The case was posted on 26.3.2012 and on that day, the respondent was placed ex-parte. The first respondent filed an affidavit of examination in chief. The petition was allowed on 29.3.2012.

(3.) It appears that thereafter, Devegowda and his two brothers and one Manjunath son of late Ningamma filed a suit in O.S. No. 5346/2012 against the petitioners herein and certain other persons for cancellation of the sale deeds dated 15.7.1970, 21.6.1972 and 31.1.1973 respectively. The said sale deeds were executed by Devaiah in favour of the petitioners and certain other persons. Several other reliefs have been sought for in the suit. One of the contentions in the plaint is that the sale deeds are fabricated documents.