Back
N. S. SANJAY GOWDA
Annappa Prabhu – Appellant
Versus
Sanjeeva Shetty – Respondent
JUDGMENT
1. Annappa Prabhu and his brother Manjunatha, the defendants are in appeal.
2. Sanjeeva Shetty instituted a suit seeking, initially, a decree of injunction to restrain Annappa Prabhu and his brother from digging any portion of the land bearing R.S. No.25/B-3A measuring 10 cents with a view to put up any permanent structure as additional rooms to the existing residential building under their present occupation or from trespassing in any manner to the peaceful possession and enjoyment of the property by Sanjeeva Shetty.
3. It was his case that the suit property was acquired by him under the registered sale deed dtd. 1/3/1984 from Smt.K.Umavati and ever since he was in possession. Along with the plaint, he also produced a rough sketch and stated that as per this sketch, there was an old building in the schedule property which belonged to him and on the western corner of his property, he was running a hotel along with his son-inlaw and in the eastern corner of the suit property, Annappa Prabhu and Manjunatha were residing in the house bearing door No.5-99 for the past few years. He stated that he had permitted them to reside in the said building which had been shown as 'RH' in
Point of law: When the material and record clearly established that there is no house site available on the ground for the plaintiff as the said site has already been sold by the original owner B.A.V....
A plaintiff with clear title and possession can seek an injunction against interference, even in the face of disputed title, provided they substantiate their claims with appropriate evidence.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
The judgment establishes that continuous possession and proper documentation can affirm ownership, while claims of adverse possession require clear evidence and specific pleading.
The court maintained that prior judgments and actual possession govern ownership claims in property disputes, reaffirming the principle of res judicata in civil matters.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
