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BEFORE THE DEPUTY COMMISSIONER BANGALORE URBAN, AT


BANGALORE

R P. No210/2016-17

Between:

Sri.KrishnaReddy : Petitioner

And:

The Assisstant Commissioner


Bangalore South Sub-Divn.
& others : Respondents

INDEX

Sl no Description Pages CF Paid


1 Memorandum of Revision Petition under Sec
136(3) of KLR Act
2 List of Documents and Documents of Suit
Schedule Property
3 Vakalat
4) I A under Section 55 Read with section 25 of
KLR Act and Affidavit

Place: Advocate for Petitioner

Date:
2

BEFORE THE DEPUTY COMMISSIONER BANGALORE URBAN, AT


BANGALORE

R P. No210/2016-17

BETWEEN:
Sri. KrishnaReddy
Aged about 60 years
S/o. SubbaReddy
Residing at Tarlu Village,
Uttarahalli Hobli,Kanakapura Main Road,
Bangalore

…Petitioner

AND:
1. The Assisstant Commissioner
Bangalore North Sub Division
Bangalore

2. The Tahsildar
Bangalore North Taluk
Bangalore
3. G.M.Leelavathi
Aged about 43 years
D/o late G Malla Reddy
R/at No 103,3rd Cross, Jayappa Layout
Opp To Kalanikethan School,
AECS Layout,Koodlu,
Bangalore-560 068.

4. G.M.Vanjakshi
Aged about 39 years
D/o late G Malla Reddy
R/at No 2,GF-3,Amma House
6th Main,Raghunahalli,
Kankapura Main Road
Opp To Andhra Bank,
Bangalore-560 052

5. G.M.Sumitra
Aged about 36 years
D/o late G Malla Reddy
R/at No 55,Ram Nivas
New Bank Colony,Opp Silicon City School,
Chunchugatta Main Road,
Bangalore-560 052

..Respondents
3

MEMORANDUM OF REVISION PETITION UNDER SECTION 136(3) OF


KARNATAKA LAND REVENUE ACT

The Petitioner above named humbly begs to submit as follows:

1.That the address of the parties for the purpose of issue of Summons,
Notice etc. from this Hon’ble Court is as furnished in the cause title above
and the Petitioner may also be served through his Counsel Shri Nagendra
Muniyappa of Navvaa Vishwaa Associates, No 13/131, Konappana Agrahra,
Krishna Reddy Layout, Electronic city post, Bangaloe-560100

2. The address of the Respondents for the aforesaid similar Purpose as stated
in the cause title above.

3. Being highly aggrieved by the order of the 1st Respondent in Dismissing


the appeal filed by the Petitioner in RA(S)/21/2016-17 dated 28/07/2016, in
respect of property bearing old SY No:295, Subsequent Sy No:295/3 and
New SY No:295/4 measuring to an extents of 30 Guntas, situated at
Kagallipura Village, Uttarahalli Hobli, Bangalore South Taluk. The
Petitioner has no alternative and no remedy except to file this Revision
Petion for the following grounds.

BRIEF FACTS OF THE CASE


4. It is submitted that the property bearing old SY No:295, Subsequent Sy
No:295/3 and New SY No:295/4 measuring to an extent of 30 Guntas
situated at Kagallipura Village, Uttarahalli Hobli, Bangalore South Taluk,
being acquired by the father of Petitioner, as per the order of the Special
Deputy Commisiiner INAM Abolition order dated:8/7/1958.The then
Special Deputy Commissioner of Inam as granted an occupancy right in
favour of father of Petitioner SubbaReddy in respect of 4 Sy No:296
measuring 3 Acre 14 Guntas, Sy No:297, Measuring 1 Acre 27 Guntas and
SY No:295 Measuring 30 Guntas, and SY No:294 Measuring 24 Guntas all
are situated at Kagallipura Village, Uttarahalli Hobli, Bangalore South
Taluk.Subsequently the name of the father of Petitioner SubbaReddy S/o
MopaReddy found place in an endorsement issued by Inam Deputy
Commissioner Inam. His name also found place in Form No:8 extract.
4

Thereafter his name effected in revenue extract and during his life time he
was continued to be in possession.In the meanwhile the said SUbba Reddy
died leaving behind one
G.S.NaryanReddy,Smt.Jayamma,Smt,Bairamma,Smt Kamalamma, Sri
Byareddy and Sri Krishna Reddy, who is the petitioner to succeed his estate.

5 . It is submitted that, after the death of said SUbba Reddy the eleder
brother of Petitioner G S Naryana Reddy, and other have sold certain
properties in the favour of the father of Respondents No:3 to 5. They sold an
extent of 3 Acre 04 Guntas in Sy No:296, an extent of 1 Acre 37 Guntas in
Sy No:297, an extent of 10 Guntas in same SY No, under registered sale
deed dated 12/5/1969.But at no point of time SY No:295 measuring to an
extent of 30 Guntas, being sold in favour of the father of Respondents no 3
to 5.No encumerance was created toi SY No:295 to an extent of 30 Guntas
by the father or his brother and sister.

6.It is submitted that a partition was happened on 24.01.1997, in the family


of the petitioner under ths said panchayt pallu patti an extent of 30 Gunats in
Sy No:295 being allotted to the petitioner, Subsequently in
RRT/CR/12/1999-2000 proceeding the thenThasildhar Bangalore South has
also issued a direction to the revenue authorities to affect the mutation to
other properties left behind the family of SubbaReddy.Under the said
direction SY No:295, subsequent Sy No:295/3 and New Sy No:295/4 also
covers,. Based on the said direction of the Thasildharwas alos affected in
MR 44/2002-03 in the anme of the petitioner in SY No:295,Subsequent Sy
No:295/3 and New Sy No:295/4 his name is also found place in RTC
extract.

7. It is further submitted that when recently the petitioner went to


Thasildhar office Bangalore South with an intention to get the RTC extract
to avail loan surprisingly found that illegal mutation was effected in the
name of one Malla Reddy who is the Appellant above named humbly beg to
prefer the above revision appeal being aggrieved by the following orders:
a)Mutation order :MR T7/2014-15 in respect of land bearing Sy. No.44/2 of
Konappana Agrahara Village, Begur Hobli, Bangalore South Taluk,
measuring 1 guntas,
5

b) Mutation order: MR T7/2014-15 in respect of land bearing Sy. No.44/7


of Konappana Agrahara Village, Begur Hobli, Bangalore South Taluk,
measuring 24 guntas,
c)Mutation order MR T1/2013-2014 in respect of land bearing Sy No 34/1
New Sy No 34/4B of konappana Agrahara Village, Begur Hobli, Bangalore
South Taluk.
and for setting aside the above said Mutation order on the following
grounds. The Copies of the M.R:T7/2014-15, MR T1/2013-14 is produced
as ANNEXURE-A Series.

BRIEF FACTS OF THE CASE


Facts Related to Land in Survey No 34 and 44 of Appellant

4. It is submitted that, the Appellant Grand Father Munishamappa S/o


Munilingappa purchased the property
a) Bearing Survey no 37/1 , New Hissa No:44/1A1 and New Sy No:44/2
and 44/7, of Konappana Agrahara Village, Begur Hobli, Bangalore
South Taluk, from Abbiaha S/o Sadanahalli Ramaiha through a
Registered sale deed Document:1560/1959-60 dated 29/6/1959.
In the above sale deed, the extent by mistake is shown as 1 Acre instead of 1
Acre 31 Guntas. But however the boundaries mentioned in the sale deed
dated 29/6/1959 under which Munishamappa purchased the land, the land
continues to be the same even to this date as such there is no changes in the
spot as the boundaries prevail over the survey number and extent. The
survey sketch is attached for the above property.
b) Bearing Survey no 37/1, New Sy No:34/4B of Konappana Agrahara
Village, Begur Hobli, Bangalore South Taluk, to an extent of 1 Acre 20
Guntas by Guramma and Krishnappa through a Registered sale deed
Document:5895/1956-57 dated 18/1/1956.
6

The copy of the Sale deed, its typed copy is produced herewith as
Annexure-B and B1 series. The revenue authority has also mutated the
revenue entries in the name of Late Munishmappa by Virtue of
M.R.No.15/1959-60, and M R No 10/1955-56
The RTC, EC extracts evidencing the entries standing in the name of the
Appellants Grand Father are produced herewith as Annexure –C series

5. It is submitted that, the Appellant father Naryanappa S/o Munishamappa


got the above land through a will dated 05-10-1988 . It is further submitted
that the Appellant is the daughter of Late. Narayanappa S/o Late
Munishamappa. The said Munishamappa died on 23/8/1990 and His Son
Narayanappa died on 01/04/2010 at Konappana Agrahara Village.
Naryanappa S/o Munishamappa left behind the Appellant to succeed his
estate, accordingly after the death of late Narayanappa, the Appellant have
succeeded the estate of deceased Narayanappa, including the subject matter
of the land. The death certificate of late Narayanappa is produced herewith
as Annexure-D. The genealogy/family Tree of deceased Narayanappa’s
family is produced herewith as Annexure-E

Facts Related to Survey No 34 and 44 of Respondent No 2 ,3 and 4:


6. It is submitted that, Respondent No 2’s Grand Father
Nanjappa S/o Thimmaiha had purchased the below land
a) Sy No.44 measuring 0-17 guntas,
b) Sy No.44 measuring 0-1 guntas
c) Sy No.44 measuring 1 Acres 12 guntas
d) Sy No 34 measuring 2 Acres 23 guntas
e) Sy No 47 measuring 0-30 guntas
f) Sy No 48 measuring 0-12 guntas
g) Sy No 48 measuring 0-04 guntas
h) Sy No 42 measuring 5 Acres 30 guntas
situated at Konappana Agrahara Village. Begur Hobli, Bangalore South
Taluk from Sri.V.N.Vishwanath.
7

The said Sri.V.N.Vishwanath being the absolute owner of the above land,
sold the said land, in favor of, Sri Nanjappa S/o Thimmaiha under as
Document No. 5483/1963-64.

The copy of the Sale deed and its typed copy are produced herewith as
Annexure-F and F1 Series.

Facts related to Sy No 44 :
7. It is submitted that, Respondent No 2’s Grand Father
Nanjappa S/o Thimmaiha and his three sons (i.e. Seenappa, Sriramappa and
Krishnappa) partitioned the properties in the year 08/08/1966 which was
duly registered and is produced herewith as Annexure -G

Seenappa i.e.Respondent No 3 got 17 Guntas in Sy No 44, Situated at


Konappana Agrahara Village, Begur Hobli, Bangalore South Taluk,
according to Partition deed dated 08/08/1966

The revenue authority has also mutated the revenue entries in the name of
Respondent No 3 i.e. Seenappa S/o Nanjappa by Virtue of M.R.No.3/1967-
68.

The RTC extracts evidencing the entries standing in the name of the
Respondent No 2’s Father N Seenappa S/o Nanjappa are produced herewith
as Annexure –H

Status of Survey No 44 during KIADB Acquisition in 1996:


8. It is submitted that, in the year 1996, KIADB issued a notice to acquire
all land in Sy No 44 except Sy No:44/2 , situated at Konappana Agrahara
Village. Begur Hobli, Bangalore South Taluk. The entire survey no 44 was
divided into following hissas: 44/1a1, 44/1a2, 44/1a3, 44/2,44/3,44/4 and
44/5 by KIADB.

Status of Respondent No 2, 3 and 4 Land in Sy No 44 after KIADB


Acquisition:
8

9. It is submitted that, Respondent No 4 land, i.e. 17 Guntas with the below


boundaries:
East : Krishnappa Cultivating Land
West : 44/6 (i.e.Krishnappa Land)
North : 44/1A2 Land(i.e. Jammareddy Nagappa Land)
South : Chandapura Muniyappa Land
In the survey no 44 of Konappana agrhara village,Begur Hobli,
Bangalore South Taluk ,fell under New Survey No:44/1A3 , of
Konappana agrhara village,Begur Hobli, Bangalore South Taluk . The
above land belonging to Respondent No 4 were completely acquired by
KIADB and compensation been paid.
Hence Respondent No 2, 3 and 4 has no more land in Sy No 44, of
Konappana Agrahara Village, Begur Hobli, Bangalore South Taluk.
The Notification and Award Copy is provided as Annexure I and J Series

Fraud done by Respondent No 2 with respect to Sy No 44:


10. It is submitted that, in the year 2008, the Respondent No 2 had
approached the revenue authorities to phodi the Survey no 44, of Konappana
Agrhara Village, Begur Hobli, Bangalore South Taluk, land based on the
alleged partition made between his brother Respondent No 3 and his father
Respondent No 4, but in reality the land they owned in Sy No 44 was
acquired by KIADB and they do not have any land in Sy No 44.

But, Respondent No 2 was successful to show that in the Survey No 44, he


had 25 Guntas of Land, in the form of alleged MR No 16/1994-95, which is
contrary to the actual facts:
a) The land belonging to Respondent No 2 , 3 and 4 has been
acquired and compensation has been paid by the KIADB
b) There is no land available in Survey No 44, of Konappana
Agrhara Village, Begur Hobli, Bangalore South Taluk for the
Respondent No 2, 3 and 4 to claim.

11. It is submitted that , the Respondent No 2, moved following lands to


create 25 guntas of land in Survey No 44/2 and 44/7 as follows:
a) 21 guntas of land of appellant belonging to Survey No 37/1 and New Sy
No : 44/1A1,
9

b) 4 Guntas land of appellant belonging to Survey No 37/1 and New Sy


No:34/4B

12. It is submitted that, in the year 2015, the Respondent No 1 without


looking the real facts, which was suppressed by Respondent No 2, had given
the Mutation order: MR T7/2014-15

Status of appellant Land in Sy No 44 in 1996:


13. It is submitted that, in the year 1996, due to development in Sy No
44/2 situated at Konappana Agrahara Village. Begur Hobli, Bangalore South
Taluk. KIADB excluded it from acquisition proceedings i.e under Section
28(1) of KIADB Act 1964.

Facts related to Sy No 34:


Status of Respondet No 2, 3 and 4 Land in Sy No 34:
14. It is submitted that, The Respondent No 2 and 3 divided the land in
survey No 34, of Konappana Agrahara Village, Begur Hobli, Bangalore
South Taluk, as follows:
a) The Respondent No 2 got 36 Guntas
b) The Respondent No 3 got 1 acre 18 Guntas

Status of appellant Land in Sy No 34:


15. It is submitted that, the Appellant Grand Father Munishamappa S/o
Munilingappa purchased the property bearing Survey no 37/1, New Sy
No:34/4B of Konappana Agrahara Village, Begur Hobli, Bangalore South
Taluk, to an extent of 1 Acre 20 Guntas by Guramma and Krishnappa
through a Registered sale deed Document:5895/1956-57 dated 18/1/1956.

Till date the property bearing Survey no 37/1, New Sy No:34/4B is with the
the Appellant and it is not encumbered by either Late Munishamappa or his
legal heirs.

Fraud done by Respondent No 2 with respect to Sy No 34:


10

16. It is submitted that, in the year 2013, the Respondent No 2 had


approached the revenue authorities to phodi the Survey no 34, of Konappana
Agrhara Village, Begur Hobli, Bangalore South Taluk, land based on the
alleged partition made between his brother Respondent No 3 and his father
Respondent No 4.
Respondent No 2 was successful to create 3Acres 30 Guntas of Land, in
Survey No 34/4 , as follows:
i) Added, The land belonging to Respondent No 2 and his Brother i.e. 2
Acre 14 Guntas , it is in Sy No:34/4A
ii) Removed 4 Guntas , out of 1 Acre 20 Guntas of land belonging to
Appellant in Survey No 34/4, it is in Sy No:34/4B , of Konappana
Agrahara Village, Begur Hobli, Bangalore South Taluk and included
the name of Respondent No 3 for an extent of 17 guntas in 34/4B

17. It is submitted that, in the year 2014, the Respondent No 1 without


looking the real facts, which was suppressed by Respondent No 2, had given
the Mutation order: MR T1/2013-14

The Physical Position of Lands in Sy No 34 and Sy No 44 of Both Appellant


and Respondent No 2 , 3 and 4:
18. It is submitted that, the following lands were adjacent to each other
Land Details East West North South
Appellant Land: Road Annaya Sy No 44 Sy No 34
Sy No 37/1
Land
New Sy No:44/1A1

Respondent Land: SyNo:37/1 G M Sy No: 44/25 Sy No 34


Sy No:34
Corrected Naryan New Sy No:
New Sy No:34/4A
SyNo:34/1 Reddy 44/1A1 and
NewSyNo:34/4B land Road
AppellantLand : Road Sy No: Road Sy No 34
Sy No 37/1 34/4A
New Sy No:34/4B
11

Appellant Prayer:
19. The Appellant who aggrieved by the order of Respondent No.1
passed in respect of below lands,
a) Bearing Sy No.44 New Sy No 44/2 and 44/7 of Konappana Agrahara
Village, Begur Hobli, Bangalore South Taluk, Measuring 1 guntas and 24
guntas through Mutation Order in M.RNo.T7/2014-15 dated 17/3/2015,

b) Bearing Sy No:37/1 and New Sy No:34/4B of Konappana Agrahara


Village, Begur Hobli, Bangalore South Taluk, measuring 17 guntas through
Mutation order in MR No:T1/2013-14 dated 19/03/2013
has preferred the present appeal on the following among other grounds

GROUNDS
20. The order passed by the Respondent No.1 are not maintainable either
in law or on facts and the same is liable to be set aside by this Hon’ble
authority. The order passed by the Respondent No.1 is against law and facts.

21. The Appellant are not the parties to proceeding before the Respondent
No 1
a) In respect of land bearing Sy. No.44 New Sy No 44/2 and 44/7 of
Konappana Agrahara Village, Begur Hobli, Bangalore South Taluk,
Measuring 25 guntas,
b) In respect of land bearing Sy. No.34 New Sy No 34/4B of Konappana
Agrahara Village, Begur Hobli, Bangalore South Taluk, Measuring 17
guntas
The respondent No,1 passed the afore said order in favour of Respondent
No2, 3 and 4 on this ground alone the order of the Respondent No.1 to be
set aside.

22. The respondent No.1 have erred in failing to see that the Appellant is
the absolute owner of the land ,
a) Bearing Sy. No.37/1, and New Survey No:44/1A1 measuring 1 Acre 31
Guntas, situated at Konappana Agrahara Village, Begur Hobli, Bangalore
South Taluk, having purchased the same by Appellant Grand Father through
12

registered sale deed dated 29/06/1959 vide document No.1560/1959-60 and


Appellant Father got it through will dated 05/10/1988
b)Bearing Sy No 37/1 and New Sy No:34/4B measuring 1 Acre 20 Guntas,
situated at Konappana Agrahara Village, Begur Hobli, Bangalore South
Taluk, , having purchased the same by Appellant Grand Father through
registered sale deed dated 18/01/1956 vide document No:5895/1956-57 and
Appellant Father got it through will dated 05/10/1988

23. The respondent No.2 before passing the order in favour of


Respondent No.2,3 and 4,
a) Pertaining to M.R.T7/2014-15
b)Pertaining to MR T1/2013-14
has not at all verified the previous revenue records as well as possession of
Appellant herein as such the order of the Respondent No.1 is one without
application of mind as such, the said order is liable to be set-aside by this
Hon’ble Authority.

24. The respondent No.1 ought not to have passed such an erroneous order
without following the due process of Law and procedure, as such the order
of the Respondent No.1 is collusive, one bad in the eye of law as such the
said order cannot be sustainable under law.

25. The order passed by the respondent No.1 is arbitrary and has caused
grave miscarriage of justice to the Appellants.

26. The respondent No.1 have erred in failing to issue notice to the
Appellants before passing the impugned order and also without conducting
spot inspection in a proper and perspective manner, which is against the
procedure prescribed under KLR Act.

27. The Appellants crave leave of this Hon’ble court to urge any more
grounds at the time of addressing arguments.

WHEREFORE, the Appellants above named humbly pray that this Hon’ble
Court may be pleased to
13

a) Call for the records from the Respondent No. 1 and set-aside the order
passed by the Respondent No.1
i) In M.R No.T7/2014-15 in respect of land bearing Sy. No.44 New
Sy No 44/2 and 44/7 of Konnapana Agarhara Village, Begur Hobli,
Bangalore South taluk,
ii) In M.R No.T1/2013-14 in respect of land bearing Sy. No.37/1 and
New Sy No 34/4B of Konnapana Agarhara Village, Begur Hobli,
Bangalore South taluk,

b) Further direct the respondent No.1 to alter


i) The RTC of Survey No 34/4B , in the name of Appellant to 1 Acre 20
Guntas
ii) The RTC of Survey No 44/2 and 44/7 in the Name of Appellant to
1 Acre and also mutate the revenue entries Viz., RTC and
mutation in accordance with law in respect of schedule Property.

c) For cost and such other relief/s as this Hon’ble court may deem fit to
grant in the facts and circumstances of the case, in the interest of justice.

SCHEDULE
All that part and parcel of,
a)Property bearing Sy. No.44/2 and 44/7 of Konappanan Agrahara Village,
Begur Hobli, Bangalore South Taluk measuring 1 acre out of 1 acre 31
guntas and bounded on;

East by ; Government Road and Sy No 34


West by ; Land belongs to Annaya
North by ; Remaining portion of schedule property in Sy No 44
South by ; Survey No 34(Nanjappa S/o Thimmaiha Land)

b)Property bearing Sy. No.34/4B of Konappanan Agrahara Village, Begur


Hobli, Bangalore South Taluk measuring 1 acre 20 guntas and bounded on;
14

East by ; Government Road


West by ;Sy No 34/4A
North by ;Government Road
South by ;Survey No 34

Advocate for Appellant Appellant


Place;Bangalore
Dated:

BEFORE THE ASSISTTANT COMMISSIONER BANGALORE SOUTH


TALUK, AT BANGALORE

Revision Appeal. No.____________/2016-17

Between:

Smt.Prema : Appellant

And:

The Thasildhar
Bangalore South Sub-Divn.
& others : Respondents

VERIFYING AFFIDAVIT

I , Prema, W/o. Muniyappa, aged about 50 years, R/at Konappana Agrahara,


Electrnic City, Hosur road,Bangalore-560100, do hereby solemnly affirm and state
on oath as follows:

1. I submit that, I am the appellant in the above case. Hence, I am swearing to


this affidavit.
15

2. I Submit that, the averments made in the petition Memo and the grounds
urged thereon are true and correct to the best of my knowledge information
and belief and I believe them to be true.
What is stated a above are true and correct and this is my name and
signature

Identified by me DEPONENT

Advocate
Place: Bangalore
Dated

BEFORE THE ASSISTTANT COMMISSIONER BANGALORE SOUTH


TALUK, AT BANGALORE
I.A. No.
In

Revision Appeal. No.____________/2016-17

BETWEEN:
Smt.Prema
Aged about 50 years
W/o. Muniyappa
Residing at 924, Konappana Agrahara,
Krishna Reddy Layout,Electronic City Post,
Hosur Road
Bangalore-560100 …Appellant

AND:

1. The Tahsildar
Bangalore South Taluk
Kandaya Bhavan, K.G. Road
Bangalore-560 009
2. Sri.N.Sudhananda Reddy
Aged about 48 years
16

S/o Late N.Seenappa


Govinda Setty Palya
Electronic City Post,
Bangalore-560 100.

3 Sri.N.Chandra Shekar Reddy


Aged about 45 years
S/o N.Seenappa
Govinda Setty Palya
Electronic City Post,
Bangalore-560 100.

4. Sri.N.Seenappa
Aged about 70 years
S/o Late T.Najappa
Govinda Setty Palya
Electronic City Post,
Bangalore-560 100.

..Respondents

APPLICATION UNDER SECTION 55 OF THE KARNATAKA LAND


REVENUE ACT

That for the reasons sworn to in the accompanying affidavit, the


Appellants/applicants above named humbly pray this Hon’ble Authority may be
pleased to Stay the operation of the Mutation number : M.R:T7/2014-15 in respect
of the land bearing Sy.No 44/2 and 44/7 measuring 25 Guntas and MR T1/2013-
14 in respect of the land bearing Sy.No 34/4B measuring 17 guntas, situated at
Konappana Agrahara Village, Begur Hobli, Bangalore South Taluk, Bangalore
District, against 2nd , 3rd and 4th Respondent pending disposal of the above
appeal, in the interest of justice.

Advocate for Appellants/Applicants


Place: Bangalore
Date :
17

BEFORE THE ASSISTTANT COMMISSIONER BANGALORE SOUTH


TALUK, AT BANGALORE

Revision Appeal. No.____________/2016-17

Between:

Smt.Prema : Appellant

And:

The Thasildhar
Bangalore South Sub-Divn.
& others : Respondents
AFFIDAVIT
I, Prema, W/o. Muniyappa, aged about 50 years, R/at Konappana Agrahara,
Electrnic City, Hosur road,Bangalore-560100, do hereby solemnly affirm and state
on oath as follows:
1. I submit that, I am the appellant in the above case. Hence, I am swearing to
this affidavit. The averments made in the petition may kindly be read as part and
parcel of this affidavit to avoid repetition of facts.
2. I submit that I have preferred the above revision appeal being aggrieved by
Mutation orders passed by the Respondent No.1 i.e. Mutation number :
18

M.R:T7/2014-15 in respect of the land bearing Sy.No 44/2 and 44/7 measuring 25
Guntas and MR T1/2013-14 in respect of the land bearing Sy.No 34/4B measuring
17 Guntas, situated at Konappana Agrahara Village, Begur Hobli, Bangalore
South Taluk, Bangalore District, in favour of 2nd , 3rd and 4th Respondent
3. I submit that, during the life time of my father, the said person got rights to
the subject matter of the schedule property under the will dated 5.10.1988. I
submit that during the life time of my father, he was in possession of the same and
after his death I have succeeded the schedule property and enjoying the same as
absolute owner.
4. I submit that, during the lifetime of my father, he was managing the affairs
of the family including the properties as well as the subject matter of the property
as kartha of the joint family.
5. I submit that, my father died on 01/04/2010. After the death of my father, I
am under the bonafide impression that the revenue records were standing in my
father name. however with an intention to get the revenue records transferred into
my name, I approached the Respondent No.1 and got the RTC extract for
verification by that time I came to know that name of Respondent No.2 and
Respondent No 3 has been wrongly included in the RTC for an extent of 25
guntas, at Column No.9 and 12(2) of the RTC for the year 2014-2015 vide
M.R.T7/2014-2015 and name of Respondent No 4 has been wrongly included in
the RTC for an extent of 17 guntas, at Column No.9 and 12(2) of the RTC for the
year 2013-2014 vide M.R.T1/2013-2014
6. I submit that, till the obtaining of RTC, I had no knowledge about the
M.R.No.T7/2014-15 and MT T1/2013-14 made into the names of the Respondent
No.2 , Respondent No.3 and Respondent No 4.
7. I submit that, after obtaining RTC, immediately, I, preferred the present
appeal before this Hon’ble Authority for setting aside the alleged M.R.Entry made
into the name of Respondent No.2, Respondent No 3 for the extent of 25 guntas
and M.R.Entry made into the name of Respondent No.4 for the extent of 17 guntas.
I submit that my revision appeal may be read as part and parcel of this affidavit to
avoid repeatition.
8. I submit that, I have got a prima face case and balance of convenience lies
in my favour . I submit that, if the mutation orders passed by the 1st respondent is
not stayed by allowing the accompanying application, I will be put to great
hardship, irreparable loss and injury, on the other hand no harm or injury would be
caused to the other side.
19

I therefore pray that this Hon’ble Court may be pleased to pass orders accordingly,
as prayed for in the accompanying application, in the interest of justice.
I, the deponent herein, do swear in the name of God that this is my name and
signature and the contents of this affidavit are true and correct to the best of my
knowledge, information and belief.
Identified by me
Deponent

Advocate

Place: Bangalore
Date :

BEFORE THE ASSISTTANT COMMISSIONER BANGALORE SOUTH


TALUK, AT BANGALORE

I.A. No.
In

Revision Appeal. No.____________/2016-17

BETWEEN:
Smt.Prema
Aged about 50 years
W/o. Muniyappa
Residing at 924, Konappana Agrahara,
Krishna Reddy Layout,Electronic City Post,
Hosur Road
Bangalore-560100 …Appellant

AND:

1. The Tahsildar
Bangalore South Taluk
Kandaya Bhavan, K.G. Road
Bangalore-560 009
2. Sri.N.Sudhananda Reddy
Aged about 48 years
S/o Late N.Seenappa
20

Govinda Setty Palya


Electronic City Post,
Bangalore-560 100.

3 Sri.N.Chandra Shekar Reddy


Aged about 45 years
S/o N.Seenappa
Govinda Setty Palya
Electronic City Post,
Bangalore-560 100.

4. Sri.N.Seenappa
Aged about 70 years
S/o Late T.Najappa
Govinda Setty Palya
Electronic City Post,
Bangalore-560 100.

..Respondents

APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT

The appellant above named humbly pray this Hon’ble Authority may be pleased to
condone the delay in filing the above appeal and permit her to contest the matter on
merits and pass such other suitable orders in the interest of justice and equity

Advocate for Appellant/Applicants


Place: Bangalore
Date :
21

BEFORE THE ASSISTTANT COMMISSIONER BANGALORE SOUTH


TALUK, AT BANGALORE

Revision Appeal. No.____________/2016-17

Between:

Smt.Prema : Appellant

And:

The Thasildhar
Bangalore South Sub-Divn.
& others : Respondents
AFFIDAVIT
I, Prema, W/o. Muniyappa, aged about 50 years, R/at Konappana Agrahara,
Electrnic City, Hosur road,Bangalore-560100, do hereby solemnly affirm and state
on oath as follows:
1. I submit that, I am the appellant in the above case. Hence, I am swearing to
this affidavit. The averments made in the petition may kindly be read as part and
parcel of this affidavit to avoid repetition of facts.
2. I submit that I have preferred the above revision appeal being aggrieved by
Mutation orders passed by the Respondent No.1 i.e. Mutation number :
M.R:T7/2014-15 in respect of the land bearing Sy.No 44/2 and 44/7 measuring 25
22

Guntas and MR T1/2013-14 in respect of the land bearing Sy.No 34/4B measuring
17 Guntas, situated at Konappana Agrahara Village, Begur Hobli, Bangalore
South Taluk, Bangalore District, in favour of 2nd , 3rd and 4th Respondent
3. I submit that, during the life time of my father, the said person got rights to
the subject matter of the schedule property under the will dated 5.10.1988. I
submit that during the life time of my father, he was in possession of the same and
after his death I have succeeded the schedule property and enjoying the same as
absolute owner.
4. I submit that, during the lifetime of my father, he was managing the affairs
of the family including the properties as well as the subject matter of the property
as kartha of the joint family.
5. I submit that, my father died on 01/04/2010. After the death of my father, I
am under the bonafide impression that the revenue records were standing in my
father name. however with an intention to get the revenue records transferred into
my name, I approached the Respondent No.1 and got the RTC extract for
verification by that time I came to know that name of Respondent No.2 and
Respondent No 3 has been wrongly included in the RTC for an extent of 25
guntas, at Column No.9 and 12(2) of the RTC for the year 2014-2015 vide
M.R.T7/2014-2015 and name of Respondent No 4 has been wrongly included in
the RTC for an extent of 17 guntas, at Column No.9 and 12(2) of the RTC for the
year 2013-2014 vide M.R.T1/2013-2014
6. I submit that, till the obtaining of RTC, I had no knowledge about the
M.R.No.T7/2014-15 and MT T1/2013-14 made into the names of the Respondent
No.2 , Respondent No.3 and Respondent No 4.
7. I submit that, after obtaining RTC, immediately, I, preferred the present
appeal before this Hon’ble Authority for setting aside the alleged M.R.Entry made
into the name of Respondent No.2, Respondent No 3 for the extent of 25 guntas
and M.R.Entry made into the name of Respondent No.4 for the extent of 17 guntas.
I submit that my revision appeal may be read as part and parcel of this affidavit to
avoid repeatition.
8. I submit that, if the delay is condoned and permit us to contest the matter, no
prejudice will be caused to other side. On the other hand if the application is not
allowed we will be put to great hardship, irreparable loss and injury.
23

I, the deponent herein, do swear in the name of God that this is my name and
signature and the contents of this affidavit are true and correct to the best of my
knowledge, information and belief.
Identified by me
Deponent

Advocate

Place: Bangalore
Date :

BEFORE THE ASSISTTANT COMMISSIONER BANGALORE SOUTH,


AT BANGALORE

Revision Appeal. No.____________/2016-17

BETWEEN:
Smt.Prema
Aged about 50 years
W/o. Muniyappa
Residing at 924, Konappana Agrahara,
Krishna Reddy Layout,Electronic City Post,
Hosur Road
Bangalore-560100 …Appellant

AND:

1. The Tahsildar
Bangalore South Taluk
Kandaya Bhavan, K.G. Road
Bangalore-560 009
2. Sri.N.Sudhananda Reddy
Aged about 48 years
S/o N.Seenappa
Govinda Setty Palya
Electronic City Post,
Bangalore-560 100.
24

3. Sri.N.Chandra Shekar Reddy


Aged about 45 years
S/o N.Seenappa
Govinda Setty Palya
Electronic City Post,
Bangalore-560 100.

4. Sri.N.Seenappa
Aged about 70 years
S/o Late T.Najappa
Govinda Setty Palya
Electronic City Post,
Bangalore-560 100.

..Respondents

List of Documents and Docuemnts of Suit Schedule Property

A. Mutation order copies for Survey No 44/2 , 44/7 and 34/4B of Konappana
Agrahara Village, Begur Hobli, Bangalore South Taluk

B. Copy of Sale deed, Document No: 5595/1956-57, and


1560/1959-60

B1. Typed copy of Sale deed of Document No: 5595/1956-57,


and 1560/1959-60

C. RTC and EC Copies related to Survey No 44, 34 showing names of


Appellant grand father

D. Death Certificate of Appellant father Naryanappa

E. Family tree of Appellant father Naryanappa

F. Copy of Sale deed, Document No:5483/1963-64

F1. Typed copy of sale deed , Document No:5483/1963-64

G. Copy of Partition deed, Document No:2502/1966-67

H. RTC copies related to survey No 44, 34 of Konappana Agrahara Village,


Begur Hobli, Bangalore South Taluk ,relevant to respondents
25

I. Final Notification 28(4) copy of Konappana Agrahara Village, Begur Hobli,


Bangalore South Taluk

J. Award copy of KIADB relevant to Konappana Agrahara Village, Begur


Hobli, Bangalore South Taluk

Place: Bangalore Advocate


Date :