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2019 Supreme(Kar) 1604

P.G.M.PATIL
Gopal S/o Venkaji Kulkarni – Appellant
Versus
Baburao S/o Venkaji Kulkarni – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri.Ameet Kumar Deshapande, Advocate)
For the Respondent:Sri. R.V.Nadagouda, Sri Shiraguppi Advocate

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. The case involves a dispute over ownership and possession of a specific immovable property, arising from a family partition and subsequent transactions (!) (!) .

  2. The plaintiff claims exclusive ownership of the suit property based on an oral partition conducted in 1979, which was admitted by both parties, and contends that no registered transfer or relinquishment deed was executed to transfer or divest his title (!) (!) (!) .

  3. The defendant asserts that after the partition, the parties continued joint cultivation and that the plaintiff voluntarily transferred rights through a settlement deed and joint waradi, which led to the mutation of the defendant’s name in revenue records (!) (!) (!) .

  4. It is admitted that the suit property was allotted to the plaintiff in the 1979 partition and that his name was entered in the revenue records. However, the defendant claims that subsequent transactions, including sale and exchange of land, were supported by settlement deeds and joint waradis, which they argue effectively transferred or altered ownership rights (!) (!) .

  5. The legal requirement for a registered deed for the transfer of immovable property, especially in cases of exchange or relinquishment involving properties exceeding a certain value, is emphasized. The absence of such registered documents is a critical point against the validity of the transfer claimed by the defendant (!) (!) (!) (!) .

  6. The court recognizes that mere entries in revenue records do not create or confer legal title or interest in the property. Registration is necessary to effectuate transfer of ownership rights, and estoppel cannot override statutory requirements (!) (!) .

  7. The plaintiff’s suit for declaration of ownership and possession was initially decreed by the trial court, but this was reversed by the appellate court, which held that the subsequent transactions and entries in revenue records indicated a transfer of rights, thus dismissing the plaintiff’s claim (!) (!) .

  8. The appellate court’s decision was challenged on the grounds that the alleged settlement deed and joint waradi were not registered, and that the original allotment in the family partition remained valid, with no legal transfer having been executed (!) (!) (!) .

  9. The court emphasizes that after a valid family partition, subsequent exchanges or transfers of property require proper registration to be legally effective. Without registration, such transactions cannot divest the original owner of their title (!) (!) .

  10. The court concludes that the plaintiff retained absolute ownership rights over the suit property since the 1979 partition, and that the entries in revenue records or subsequent transactions without proper registration do not alter this fact. Therefore, the appeal is allowed, the appellate court’s judgment is set aside, and the original decree in favor of the plaintiff is restored (!) (!) .

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JUDGMENT :

The plaintiff being aggrieved by the judgment and decree dated 26.10.2013 passed in R.A.No.87/2013 on the file of III Additional District Judge at Bijapur who reversed the judgment and decree dated 18.04.2013 passed in O.S.No. 44/2011 by the III Additional Civil Judge and JMFC, Bijapur has filed this second appeal.

2. The parties are referred with their ranks before the Trial Court.

3. The suit of the plaintiff before the trial Court in brief is as follows;

    One Venkaji S/o Melagirirao Kulkarni was the father of plaintiff and defendant No.1. Said Venkaji owned and possessed land bearing R.S. Nos. 88, 104, 128, 136, 98/1B, 127 and 133 situated at Babalad village in Bijapur taluka. The said Venkaji died in the year 1957 leaving behind him plaintiff and defendant No.1 as his sons, Laxmibai as his widow, Kantabai, Lalitabai and Indumati as his daughters who have succeeded to the suit properties left by deceased Vankaji. On the death of Venkaji mother of the plaintiff and defendant No.1 and their sisters have orally relinquished their right and interest over the suit properties in favour of the plaintiff and defendant No.1. Therefore, plaintiff and defendant No.1 became joint owne

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