The judgment establishes that the burden of proof for ownership lies with the claimant, and permissive possession does not confer ownership rights without supporting evidence.

JUDGMENT

1. The legal representatives of the defendant are impugning the judgment and decree dtd. 14/7/2014 passed in OS No.6421 of 1997 on the file of the learned XIV Additional City Civil Judge, Bengaluru (CCH-28)(hereinafter referred to as 'the Trial Court' for brevity), decreeing the suit of the plaintiffs by declaring them as the owners of the suit schedule property and directing the original defendant to vacate and deliver the possession of suit schedule 'B' property to the plaintiffs, within three months from the date of decree.

2. For the sake of convenience, the parties are referred to as per their rank and status before the Trial Court.

3. Brief facts of the case are that, the plaintiffs filed the suit OS No.6421 of 1997 against the defendant before the Trial Court seeking declaration that the plaintiffs are the absolute owners of the suit schedule property, to direct the defendant to vacate and deliver the vacant possession of suit schedule 'B' property and to direct the defendant to pay damages at the rate of Rs.200.00 per month from the date of suit till delivery of possession of the plaint 'B' suit schedule property.

4. Schedule 'A' appended to the plaint describes the property bearing Khaneshumari No.26 with house bearing No.27/1, 27/2 of Yellukunte Village, Begur Hobli, Bengaluru, measuring East to West on the Northern side 100 feet and on the Southern side 60 feet and North to South 120 feet, with the Mangalore tile-roofed house and asbestos sheets roofed house and vacant space with the boundaries mentioned therein. Schedule 'B' describes the portion of schedule 'A' property i.e., the house with asbestos sheet roofing measuring East to West 25 feet, North to South 20 feet, with the boundaries mentioned therein.

5. The plaintiffs contended that plaintiff No.1 is the wife of late Munishamappa and plaintiff Nos.2 and 3 are their sons. Munishamappa is the son of one Narayani. Schedule 'A' property is the absolute property of the plaintiffs, as the same was inherited by them. The plaintiffs have constructed a house measuring East to West 25 feet and North to South 20 feet with asbestos sheet-roof-build about 10 years back. The defendant who is the native of Kempatti Village came along his family members about 9 years back and requested the plaintiffs to accommodate him and his family members in the house referred to above. Since the defendant was in difficulty, the plaintiffs permitted him and his family members to reside in the house described in 'B' schedule. The defendant agreed to vacate suit 'B' schedule property immediately after getting alternative house. Thus, it is contended that the defendant is in permissive possession of 'B' schedule property. Apart from that, the defendant has no manner of right, title or interest over 'B' schedule or on 'A' schedule property.

6. It is contended that the defendant later acquired house properties at Yellukunte Village and then the plaintiffs demanded to vacate and hand over the possession of 'B' schedule property. The defendant agreed to vacate the property, but went on postponing the same. During July 1997, the plaintiffs came to know that the defendant is making effort to get khata in respect of 'B' schedule property in his name with Town Municipal Council, Bommanahalli. Defendant started proclaiming that he is having right over the 'B' schedule property. The plaintiffs got issued legal notice to the Town Municipal Council, Bommanahalli calling upon it not to effect change of khata in respect of 'B' schedule property in the name of the defendant. Immediately thereafter on 13/8/1997, the defendant came along with his henchmen, trespassed over 'A' schedule property and started digging the earth on the western side of 'B' schedule property in order to put up unauthorised construction. The plaintiffs, however, prevented the defendant from doing any illegal construction and filed a complaint with Madiwala Police Station. Since the police have not taken any action, the plain