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H. P. SANDESH
Gundappa, S/O Late Ainora Devaiah – Appellant
Versus
Chamaraju, Since Dead By His Lrs. – Respondent
JUDGMENT :
This appeal is filed challenging the judgment and decree dated 25.01.2017, passed in R.A.No.348/2016, on the file of the VII Additional District Judge, Mysuru.
2. The plaintiffs before the Trial Court while seeking the relief of declaration and possession contended that the plaintiffs are the absolute owners of the suit schedule property and husband of plaintiff No.1 by name late Ainora Devaiah was the owner in possession of the said property and the father of defendant No.1 by name late Shivanna had approached plaintiff No.1 and her husband and requested for permission for him and his family to reside in the suit schedule property as he had no other house for residence in the village and accordingly the permission was granted. It is further pleaded that after the death of defendant No.1’s father, the defendants continued in the suit schedule property with the permission of the plaintiffs. The plaintiffs sympathetically permitted the defendants to reside in the suit schedule house for few years, when the defendants requested the plaintiffs to permit them to continue to reside in the said property. When the plaintiffs demanded possession for their residential purpose, the d
Section 27 of Limitation Act, 1963 provides for extinguishment of right on lapse of limitation fixed to institute a suit for possession of any property, right to such property shall stand extinguishe....
To claim adverse possession, one must establish continuous, open, and hostile possession for the statutory period, acknowledging the title of the true owner.
The appellants' possession of the suit property is the settled possession and it has to be protected until they are evicted by due process of law. The respondent had lost the right to claim declarati....
Ownership of property by female Hindus is absolute under Section 14 of the Hindu Succession Act, irrespective of financing sources, and establishing adverse possession requires clear evidence of host....
Ownership claims require clear evidence, and adverse possession is incompatible with claims of title, as established in this case.
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