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SACHIN SHANKAR MAGADUM
Gangappa S/o. Huligeppa – Appellant
Versus
Lingareddy S/o. Hampanna – Respondent
JUDGMENT :
The captioned second appeal is filed by unsuccessful plaintiff questioning the concurrent findings of the Courts below, wherein the suit filed by the plaintiff seeking relief of declaration and permanent injunction is dismissed.
2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.
3. The plaintiff has filed the present suit asserting title over the suit schedule property. The plaintiff traces his rights in the suit schedule property by contending that the suit schedule property was owned by his maternal grandfather by name, Ganganna. It is specific case of the plaintiff that Ganganna had only one daughter by name Nagamma, who is the mother of the plaintiff herein. The present suit is filed by contending that the defendant has concocted a fictitious document and is trying to interfere in the suit schedule property and hence, the present suit.
4. On receipt of summons, the defendant has tendered appearance and filed written statement and denied the entire averments made by the plaintiff. The defendant has contended that his father purchased the property from plaintiff’s maternal grandfather under sale deed dated 14.11.1963. The
Point of Law : Both Courts below have found as a matter of fact that there was a sale accompanied by delivery of possession and that is a finding of fact which cannot be disputed - Therefore, no su....
Ownership of immovable property cannot be established through an unregistered sale deed, which is inadmissible in evidence under the Indian Registration Act, affirming that possession follows title.
The courts affirmed ancestral ownership over fraudulent claims and established that adverse possession requires unequivocal evidence, which was lacking from the defendants' assertions.
Unregistered gift deeds under Mohammedan law do not require registration to be valid, affirming that both oral and written gifts are effective without registration.
The court affirmed that newly presented evidence can establish property title, overriding previous rejections; thus, a relinquishment deed can validate claims even if originally dismissed due to tech....
Presumption that possession goes with title applies to a case like this where neither party has been able to prove or establish possession, but one of the parties is able to show its title.
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