IN THE COURT OF THE CITY CIVIL JUDGE: CCH NO. : BANGALORE CITY O.S.NO.3039/2010 BETWEEN: Smt.Naseema Begum Mekhri.

AND: The Bruhat Bangalore Mahanagara Palike and another.

Plaintiff

Defendants

EVIDENCE BY WAY OF AFFIDAVIT UNDER ORDER 18 RULE 4 OF THE CPC I, Md. Ali Asif Mekhri, S/o Ahmed Ali Mekhri, Aged

about 44 years, R/o No.61, Chikka Bazaar Road, Tasker Town, Shivajinagar, Bangalore-560 051, do hereby solemnly affirm and state on oath as follows: 1. case. I am Power of Attorney holder of the Plaintiff in the above I know the facts and circumstance of the case and

hence, I am swearing to the contents of this affidavit by way of evidence in the above case on behalf of the Plaintiff as I have been authorized to do so. 2. I state that I am the absolute owner in possession and

enjoyment of the property bearing No.61, Chikka Bazaar Road, Tusker Town, now coming under New Ward No.63, Jayamahal, Bangalore i.e. the suit schedule property alongwith my brother who is having 20% share in the said property. I have acquired right, title and interest in the suit schedule property as the

same belonged to my father. However, my brothers had also a share in the suit schedule property. In view of this, I could

not able to proceed with the construction work pursuant to the plan sanctioned by the 2nd Defendant in the year 1992. Howevwr, when I started constructions, some of my brothers had raised objections and they refused to give No objections on the ground that they too have a share in the suit schedule property. However, subsequently my other brothers executed

a Release Deed relinquishing their right, title and interest in the suit schedule property in my favour and thus, I have acquired right, title and interest to the extent of 80% of the suit schedule property and my brother is holding 20% share in the said property. However, my said brother has authorised

me to file this suit so as to protect our rights in the suit schedule property.

3.

I state that after the execution of the Release Deed by my

other brothers, I once again commenced the construction work based on the plan which was approved by the 2nd Defendant in the year 1992. Even the Defendants have also issued a

Certificate in the year 1997 itself stating that I have commenced the construction work pursuant to the plan sanctioned in the year 1992. Thus, it is crystal clear that I

am putting up construction on the suit schedule property based on the plan sanctioned in the year 1992 and the same is confirmed by the Defendants by a letter dated 12.12.1997

issued

vide of

No.LP-E-NE/4664/76-7 Section 306 of the

issued Karnataka

under

the

provisions

Municipal

Corporations Act.

However, as already stated above, on

account of the fact that my brothers did not cooperate with me and they did not give the No Objection, I could not proceed further with the construction work immediately. Since now

my other brothers have executed a Release Deed relinquishing their right, title and interest to the extent of their share held by them in my favour, I am proceeding with the construction work since December, 2009 based on the plan sanctioned by the 2nd Defendant in the year 1992 and the construction has reached sunken roof level.

4.

I state that when such being the position, the 2nd had visited the suit schedule property on

Defendant

22.04.2010 and without noticing the fact that I am putting up construction as per the plan approved in the year 1992, has directed me to stop the construction work forth. I have also

shown the license and the building plan approved and the letter issued by the 2nd Defendant himself. Despite the same,

the 2nd Respondent has directed me to stop the construction work as otherwise he would take action to demolish the constructions so made on the suit schedule property.

Further, in order to avail the loan, I have obtained one more plan. In fact, legally speaking I am not required to obtain any However, exclusively for the purpose of

such new plan.

obtaining loan facility, I have obtained another plan.

But the

said plan has nothing to do with the constructions taken up by me which is entirely based on the plan sanctioned by the 2nd Defendant in the year 1992. However, as already stated

above, the 2nd Defendant without knowing the factual position, has directed me to stop the construction work immediately.

5.

I state that the 2nd Defendant himself has issued a letter

certifying that the construction has commenced long back, but the same could not be proceeded further on account of the family disputes and hence, the 2nd Defendant cannot direct me to stop the construction work. As already stated above, I have obtained a new plan exclusively for the purpose of availing the loan facility and the said plan has nothing to do with the constructions taken up by me as the construction carried out by me is as per the plan sanctioned in the year 1992 and hence, the 2nd Defendant has no legal right or authority either to prevent me from proceeding further with the construction work or to demolish the constructions already made on the suit schedule property.

6.

I state that again on 25.04.2010 the 2nd Defendant

alongwith his subordinates visited the suit schedule property and further threatened me that he would demolish the constructions already made on the suit schedule property in the event of my proceeding further with the construction work.

7.

I state that being a Senior Citizen, I have obtained the

sanctioned plan long back and I am proceeding with the construction work as per the said plan and there is no deviation whatsoever and as such, there is no reason whatsoever for the 2nd Defendant to prevent me from proceeding further with the construction work or to demolish the constructions made on the suit schedule property which is according to the plan sanctioned in the year 1992. However,

the 2nd Defendant is bent upon taking coercive action without there being any rhyme or reason.

8.

I state that the Defendants being Governmental agencies,

they have got men and materials at their command and they may take action to demolish the constructions made on the suit schedule property by taking law into their hands and in that event, it would be very difficult for me to prevent the said illegal and high-handed acts of the Defendants and their men without the due interference of this Honble Court by granting an order of permanent injunction.

9.

I state that I rely upon the documents which are

separately indicated in the enclosed list in support of my case.

WHEREFORE, I pray that this Honble Court be pleased to pass a judgment and decree as prayed for in the above case, in the interest of justice and equity. Verification I, Smt.Naseema Begum Mekhri, the Plaintiff abovenamed, do hereby declare that this is my name and my signature and what is stated above is true and correct.

Identified by me:

Advocate. Bangalore Dated: /01/2012

Deponent

No.of corrections: