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SREENIVAS HARISH KUMAR, RAMACHANDRA D. HUDDAR
Manjula W/o. Late. Venkappa Mudaraddi – Appellant
Versus
Basalingavva W/o. Venkappa Mudaraddi – Respondent
JUDGMENT :
The present appeal is directed against the judgment and decree dated 17.11.2020, passed by the Addl. Senior Civil Judge, Gadag, in O.S.No.70/2016, filed by the appellants under Section 96 read with Order XLI of CPC, whereby the learned trial Court has decreed the suit against defendant No.7 to 9.
2. During the pendency of the appeal, respondent No.4 arrayed as defendant No.3 in the suit died and her LR was brought on record. Accordingly, cause-title came to be amended.
3. Parties to this appeal are referred to as per their rank before the trial Court for the purpose of convenience and to avoid confusion.
Facts of the case:
4. That Smt.Basalingavva w/o Venkappa Mudaraddi filed a suit against defendants seeking relief of declaration and consequential relief of permanent injunction with an alternative prayer for recovery of possession of the suit schedule properties.
5. The plaintiff has described the schedule properties in the plaint which are hereinafter referred to as schedule ‘A’ and ‘B’ properties for the purpose of convenience.
6. It is the case of the plaintiff that, by virtue of the two gift deeds dated 17.06.1962 and 06.12.1969 stated to have been executed by Padmavva w/o
The judgment emphasizes the importance of valid legal documents, such as registered family arrangements, and highlights the limitations of mutation entries and the requirements for proving adverse po....
The Benami Transactions (Prohibition) Act, 1988 bars claims of benami ownership, and adverse possession requires clear evidence of hostile possession, which must be specifically pleaded and proven.
The burden of proof lies on the person asserting a fact until it is discharged, and no party can travel beyond its pleading.
Ownership of immovable property must be established through valid title documents; revenue records alone do not confer ownership rights.
Mutation or revenue entries are made only for fiscal purposes for deciding liability to pay land tax or land revenue.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
A female Hindu's property acquired is exclusively hers; mutation entries do not convey title. Plaintiff's suit was time-barred due to lack of diligence in asserting her rights.
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