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SACHIN SHANKAR MAGADUM
Chandramma W/o Manjunatha – Appellant
Versus
Kalamma W/o Thimma @ Thimmegowda – Respondent
JUDGMENT :
SACHIN SHANKAR MAGADUM, J.
1. The captioned second appeal is filed by the first defendant questioning the judgment and decree of the Appellate Court in decreeing the suit of the plaintiff thereby declaring that the plaintiff is the absolute owner and in possession of suit land and consequently, granting permanent injunction against the defendants.
2. For the sake of convenience, the parties are referred to as per their rank before the Trial Court.
3. It would be useful for this Court to cull out the family tree furnished by defendants' counsel, which is as under:
| Ramegowda |
| Kalamma (Plaintiff) | ||
| Timma alias Timme gowda (Husband) | ||||
| Doddamma | Chandramma (D1) |
| ||
| (D2) | (D3) | (D4) |
| |
4. Plaintiff filed a suit by claiming that she is the owner and in possession of the suit schedule property which was originally owned by her husband namely Thimma alias Thimmegowda. She further pleaded that after the death of her husband, she has inherited the suit property and the defendants have no manner of right and title much less posses
In actions for injunctions, plaintiffs must demonstrate lawful possession and seek a declaration of title when ownership is disputed; failure to do so renders the suit unmaintainable.
The burden of establishing title over ancestral property lies with the plaintiff, and the non-framing of specific issues regarding title does not render the decree unsustainable when parties were awa....
A suit for injunction is not maintainable without a concurrent suit for declaration of title when ownership is disputed, emphasizing the necessity of primary evidence in possession claims.
The plaintiff's claim for possession, sought 29 years after the date of the registered sale deed, is barred by limitation and cannot be permitted.
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