IN THE COURT OF PRINCIPAL CIVIL JUDGE

(SR.DN) AT NELAMANGALA

OS No. 785/2022

BETWEEN

VASANTHAMMA … PLAINTIFF

AND

BABULALSEEERVI … DEFENDANT

EVIDENCE OF PLAINTIFF BY WAY OF AFFIDAVIT AS PW1

I, SRI. SANTOSH. B, aged about 32 years, R/at No 85, 3rd Main, 3rd Cross, Muneshwara
Block, Mahalakshmi Puram, Bangalore – 560086, do hereby state on oath as follows:

1. I state that I am the GPA Holder of the plaintiff in the above case and plaintiff is my
mother (i.e. I am plaintiff’s son) and I am well conversant with the facts and
circumstances of the case. Hence, I am swearing to this evidence affidavit.
2. I, state that the plaintiff has filed the above suit before this Hon’ble court for
declaration that the plaintiff is the absolute owner and for possession of suit
schedule and to declare the sale deed dated 27/07/2015 executed in Favor of the
defendant as null and void and also to direct the defendant to remove the compound
wall put up in the suit schedule property.
3. It state that the suit schedule property bearing Jinger Number 278/45A measuring
East to West 40 feet and North to South 55 feet situated at Arasinakunte Village,
Kasaba Hobli, Nelamagala Taluk originally belongs to one B Ramaiah and their sons
and daughters namely Gangamma, Chikkabylegowda, Mudlegowda, Prasanaa Kumar
S/o Mudlegowda and Anjanappa. The said persons except B.Ramaiah executed the
Power of attorney in favor of Ranganth, B.R. for the sale of suit schedule property.
The said power attorney holder sold the suit schedule property in favor of one G. P
Vivekananda S/o G.B.Prasannakumar through registered sale deed dated
28/01/1999.
4. I state that the said G.P. Vivekananada sold the suit schedule property in favor of the
father of the plaintiff, Madegowda, through a registered sale deed dated 27/12/2004
for a valuable consideration of Rs. 1,00,000/-. Later, the said Madegowda, i.e., the
father of the Plaintiff, obtained a change in the Khatha in his favor and has paid the
taxes up to date. He was in possession of the suit schedule property from the date of
purchase. Given that this is the position, the father of the plaintiff executed a gift
deed concerning the suit schedule property in favor of the Plaintiff through a
 registered Gift deed dated 18/09/2014. After that, the Plaintiff has changed the
khatha into her name from the concerned Panchayat and has paid tax up to this date.
The Plaintiff has become the absolute owner of the suit schedule property, and she is
in possession of the suit schedule property by virtue of a Gift deed.
5. It is respectfully submitted that the plaintiff has enjoyed possession of the suit
schedule property since the date of the gift deed, without any interruption or
interference from anyone. On March 11, 2017, the plaintiff intended to begin
construction of a house on the property. To facilitate this, the plaintiff visited the
property with an engineer to prepare the building plan. To the plaintiff's utter shock,
they discovered that the defendant had constructed a compound wall on the suit
schedule property. Upon inquiry, the plaintiff learned that one V. Sridhar, along with
his wife, son, and daughters, had sold the suit schedule property to the defendant
through a registered sale deed dated July 27, 2015. Immediately, on March 26, 2017,
the plaintiff filed a complaint with the local police station regarding the defendant's
illegal actions concerning the suit schedule property, specifically the construction of
the compound wall. However, instead of taking necessary legal action, the police
merely issued an acknowledgment of the complaint, and no further action has been
taken against the defendant to date.
6. I state that the defendant's vendor has no valid title or interest in the suit schedule
property, in an attempt to defraud the plaintiff, has created a document claiming
otherwise. Furthermore, the plaintiff's father purchased the property in 2004, while
the defendant claims to have acquired it on July 27, 2015. This timeline clearly
establishes that the defendant and their vendor have no legitimate title to the
property.
7. I most respectfully submit that to undermine the plaintiff's rights, the defendant has
unlawfully constructed a wall on the property. This action is contrary to established
legal principles. Therefore, any sale deed in favor of the defendant is not binding on
the plaintiff. The plaintiff requested the removal of the unlawful wall and demanded
possession of the property in the last week of February 2018, but this request was
refused. As the plaintiff has no other option, she has filed this suit to protect her
rights.
8. The cause of action cause of the suit arose on 26/03/2017 and subsequently in the
first week of February 2018 and the same is within the jurisdiction of this Honorable
court. The Hon’ble Civil Judge (Jr Dn) at Nelamanagala by its order dated 06/08/2022
directed the plaintiff present to the plaint before the proper court and accordingly
filed this suit before this Hon’ble court.

Wherefore, I pray that, this Hon’ble Court may kindly be pleased to decree the suit filed by
the plaintiff/ My mother as prayed for, in the interest of justice and equity.
I, the deponent herein do hereby declare that whatever I stated above are true and correct
to the best of my knowledge, information and belief.

Identified by me,

DEPONENT

Advocate,

Nelamangala

Date: