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H. P. SANDESH
S. Rudrappa – Appellant
Versus
B. K. Ramachandra – Respondent
JUDGMENT/ORDER
1. This matter is listed for admission. This Court heard the matter earlier and the learned counsel for the appellants sought time to place the citations before the Court. Accordingly, he has filed a memo with citations today before the Court.
2. This appeal is filed challenging the judgment and decree dtd. 12/4/2022 passed in R.A.No.57/2015 on the file of the Senior Civil Judge and JMFC., H.D.Kote.
3. The factual matrix of the case of the plaintiff before the Trial Court is that the suit items are ancestral and joint family properties of himself and defendants. Hence, the plaintiff is entitled for share in the suit schedule properties and claimed the share on the ground that the defendants have refused to give share in respect of the suit schedule properties.
4. In pursuance of the suit summons, the second defendant took the contention in the written statement by virtue of paluparikath dtd. 30/3/1966, the plaintiff severed from the joint family and also contended that in addition to paluparikath, sale deed dtd. 26/5/1980 was executed in respect of item No.1 by her father. It is also contended that her father had executed Will in respect of item No.2 and this Court ha
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A previous suit's dismissal for default does not operate as res judicata, nor does it bar a fresh suit in the presence of joint possession.
In a partition suit, registered documents act as constructive notice, initiating the limitation period. Prolonged exclusive possession of ancestral property by a co-owner establishes ouster. Addition....
The plaintiff must prove the existence of a joint family nucleus to establish claims over joint family properties; mere relation does not imply entitlement.
The legal principle established is that long and continuous possession coupled with hostile assertion of title and creation of records can amount to ouster of title, and equitable considerations shou....
The validity of a sale deed in the context of family necessity and the application of limitation periods under the Limitation Act, 1963.
Point of law: A daughter of a coparcener by birth becomes a coparcener in her own right in the same manner as the son. She has the same rights in the coparcenary property as she would have had if she....
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