A plaint cannot be rejected based on the defendants' defenses; only the plaint and accompanying documents should be considered.

JUDGMENT :

S.R.KRISHNA KUMAR, J.

1. With the consent of both parties, though this matter is posted for filing of paper books, it is taken up for final disposal.

This appeal by the plaintiff is directed against the impugned order passed on I.A.No.3 dated 06.03.2023 by the XVII Additional City Civil and Sessions Judge, Bangalore, whereby the said application filed by defendants No.1 to 5 and 7 under Order VII Rule 11(d) of CPC was allowed by the trial Court, which proceeded to reject the plaint, consequently, dismissed the suit filed by the appellant/plaintiff.

2. Heard learned counsel for the appellant and learned counsel appearing for contesting respondents No.1 to 5 and 7 and perused the material on record.

3. A perusal of the material on record will indicate that respondents No.1 to 5 and 7/plaintiffs instituted the aforesaid suit as hereunder:

MEMORANDUM OF PLAINT UNDER ORDER 7 RULE 1 R/W SECTION 26 OF CODE OF CIVIL PROCEDURE, 1908 The plaintiff in the above case submit as follows:

1. The address of the plaintiff for the purpose of court notice, summons etc., of this Hon’ble Court of her counsel Sri.C.N.Venugopal, Advocate, No.33, Ground Floor, 3^rd Cross, Sampige Main Road, Opp.Hallimane, Bangalore-560 003.

2. The address of defendants for the purpose of issuance of court notice, is as shown in the cause title above.

3. The Plaintiff is the absolute owner and having peaceful possession and enjoyment of the property bearing site No.13, Gramatana Khatha No.84/11, measuring to an extent of 30 x 40 feet which is more fully described in the schedule and hereinafter referred to as Schedule Property.

4. The Plaintiff submits that the schedule property originally purchased from her husband Sri.Prakash M through a registered power of attorney and affidavit duly certified by Addl.Judge, Court of Small Causes, Bangalore on 22.12.1983 from Sri.Ramakrishnappa S/o.Venkatappa by valuable consideration. The said power of attorney and affidavit are herein produced as Document No.1 and 2. The Plaintiff is producing the genealogical tree of Sri.Ramakrishnappa where the Defendants name figures which is produced by the Defendants in Kamakshipalya Police Station by themselves. The Plaintiff is also herewith producing the RTC and Mutation Register which was in the name of Ramakrishnappa S/o Late Venkatappa. The certified copies of the same issued by the Kamakshipalya Police Station is herewith produced and marked as DocumentNo.3 to5. In the life time of Sri.Ramakrishnappa, Sri.Prakash has executed a sale deed in favour of the Plaintiff on 23.10.1991 vide document No.4107/1991-92 registered at Sub-Registrar, Bangalore North Taluk. The said sale deed is herewith produced and marked asDocument No.6.

5. It is submitted that after the execution of the Document No.3, it was noted that the size of the site was not 35 x 70 but it was 40 x 60, to rectify the same husband of the plaintiff Sri Prakash M has executed Registered Rectification Deed on 17.01.2003 vide Document No.22631/2002-03 registered at Sr. Sub Registrar, Bangalore North Taluk. The said Rectification Deed is herewith produced as Document No.7. The plaintiff is herewith producing the copy of encumbrance dated 22.11.1991, tax demand register for the year 1990-91, issued by Secretary, Sanegoravanahalli, Tax paid receipt dated 14.11.1991, sanctioned plan bearing No.2194/2270 issued by Administrator, Sanegoravanahalli, Grama Panchayathi. The said documents are herewith produced and marked as Document No.08 to 11.

6. The plaintiff is herewith producing the Tax paid receipt (B Katha) dated 06.02.2014 paid to BBMP, Laggere Sub-Division, Rajarajeshwarinagara Zone, Tax paid receipt for the year 2008-2009, 2009-2010, 2010- 2011, 2011-2012, 2013-2014, 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018- 2