Ownership of property can be proved through documentary evidence, and failure to establish possession or acquire title can result in dismissal of an appeal.

1. Heard the learned counsel for the appellant with regard to the admission of the appeal. Perused the records.

2. For the purpose of easy understanding and convenience, the ranks of the parties, as per their ranks before the trial Court, is retained.

3. The plaintiff filed a suit for declaration and possession of suit schedule property and also for damages of Rs.500/- per month for occupation of the suit schedule property illegally by the defendants. It is the case of the plaintiff that the Government through Tahasildar, Hosadurga granted a site situated in Hosadurga under Ashraya Yojana in the year 1996-1997. According to the site granted, the khata was made out in the name of the plaintiff and Grant certificate was also issued on 23.03.1998. Since that date of grant, the plaintiff has been in possession and enjoyment of the suit property. He has also paid taxes to the Government and thereafter, under the Rajeev Gandhi Rural Housing Scheme, the Town Municipality has granted house in his favour. Accordingly, on 30.06.2000, he constructed a house on the basis of the loan amount granted by the Municipality in the suit schedule property. The said house was mortgaged for the purpose of obtaining loan and the plaintiff has also repaid the said loan and got the said mortgage cancelled. It is the further case of the plaintiff that in the year 2011, the plaintiff and his family members had gone to their village locking the door of suit schedule property. In the month of march 2012, when they came back, they found that, the defendants had illegally broke open the lock put to the suit schedule property and were residing in the house. Hence, he filed a complaint before the police and Municipality. When the Municipality issued notice, the defendant had agreed to vacate the suit schedule property on 05.04.2012, but the defendant did not vacate the suit property. Hence, the plaintiff has filed this suit.

4. The defendants in pursuance of the notice, entered appearance and filed written statement. They have taken up the contention, apart from denying the allegation made by the plaintiff, that the Government has allotted the suit schedule property to the site-less persons and also under Rajeev Gandhi Rural Housing Scheme, houses were constructed to the houseless persons. It is the further case of the defendants that she had given application for grant of house. Accordingly, the local MLA orally allotted the site. As per the oral grant by the MLA, she was in possession and enjoyment of the said house. She has subsequently given a written application exactly mentioning the description of the property. It is also stated that she has been in possession of the said property for more than 12 years. The plaintiff has no right over the property. Therefore, she prayed for dismissal of the suit.

5. On the basis of the above rival contentions, the trial Court has framed the following issues:

“1. Whether plaintiff proves that he is the owner of the suit schedule property?

2. Whether plaintiff proves defendant wrongfully occupied suit schedule property and liable to hand over the possession of the suit schedule property to plaint?

3. If so, plaintiff entitled damages of Rs.500/- p.m. from defendant from December 2011 to till handing over the possession of suit schedule property?

4. Whether the plaintiff entitled the relief as sought in the plaint?

5. What order or decree?”

6. Plaintiff has examined himself as PW1 and produced 21 documents which are marked as Ex.P1 to P21. Defendant has produced Ex.D1 to D9 and examined herself as DW1. She also examined two witnesses DW2 and DW3. The trial Court after analyzing oral, and documentary evidence on record has answered the above said issue Nos.1 and 2 in the affirmative, No.3 in the negative, No.4 in partly affirmative and partly decreed the suit of the plaintiff, ultimately declaring the plaintiff as the owner and directed the defendant to hand over the possession of the suit property within 3 months from the