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IN THE HIGH COURT OF KARNATAKA
H.P.Sandesh, J.
Thimmappa – Appellant
Versus
Rajappa – Respondent
Regular Second Appeal No. 352 of 2021 (Inj)
Decided On : 13-10-2023
PROPERTY LAW - POSSESSION AND TITLE DISPUTE - DARKASTH ACT, REVENUE RECORDS - The court discussed the legal framework surrounding property rights, particularly under the Darkasth Act, and the importance of proving lawful possession and title. It emphasized that in cases of disputed title, a plaintiff must seek a declaration of title rather than merely an injunction. The court interpreted the lack of documentary evidence supporting the plaintiff's claims as a critical factor in its decision, ultimately leading to the dismissal of the appeal.
Fact of the Case:
The plaintiff claimed ownership and possession of a property granted under Darkasth, asserting that the defendants, who had no rights to the property, attempted to dispossess him. The defendants contended that the property was part of a family estate and that the plaintiff had illegally entered his name in the records.
Finding of the Court:
The Trial Court found that the plaintiff failed to provide sufficient evidence of lawful possession and ownership, noting discrepancies in the revenue records and the lack of documentation supporting his claims. The First Appellate Court upheld this finding, agreeing that the plaintiff did not prove his case.
Issues: Whether the plaintiff proved his lawful possession and whether the courts below erred in their findings regarding the evidence presented.
Ratio Decidendi: The court held that in cases where title is disputed, the plaintiff must seek a declaration of title rather than just an injunction. The absence of documentary evidence supporting the plaintiff's claims was pivotal in the court's decision.
Final Decision: The second appeal was dismissed, affirming the lower courts' decisions that the plaintiff did not establish his lawful possession or ownership of the property.
JUDGMENT
1. This matter is listed for admission. I have heard the learned counsel for the appellant.
2. The factual matrix of the case of the appellant/plaintiff before the Trial Court that he is the owner in possession and enjoyment of the suit schedule property having acquired the same under the Darkasth long ago. Accordingly, khata came to be mutated in his name. Since, from the date of acquisition he has been in possession and enjoyment of the suit schedule property as absolute owner. Defendants being stranger to the suit schedule property having no manner of right, title and interest or possession over the suit schedule property tried to interfere with his possession and enjoyment of the suit schedule property besides trying to dispossess him from the suit schedule property. Hence, he filed the suit.
3. The defendants appeared and filed written statement denying the plaintiff's right, title and possession over the suit schedule property. It is contended that one Nagappa @ Durgappa had three sons by name Honnappa "" defendant No.1, Thimmappa "" plaintiff and Ramachandrappa and three daughters by name Eramma, Kamalamma and Gangamma. Daughters of said Nagappa were married long ago. Nagappa and his sons continued to enjoy their family properties. Nagappa @ Durgappa died about 35 years' ago. The joint family was in unauthorized occupation and possession of suit schedule property. Nagappa died prior to the grant, plaintiff being wordly wise man having the knowledge about grant, with the consent of his brothers, made an application before the revenue authority to get the land granted in his favour. Joint family paid the upset price to get the grant in favour of plaintiff and accordingly, suit schedule property was granted in favour of plaintiff under Darkasth. Plaintiff, defendant No.1 and Ramachandrappa got the suit schedule property partitioned about 15 years ago orally. In the said partition, eastern 1/2 portion of suit schedule property i.e. 3 acres had fallen to the share of defendant No.1 and western 1/2 portion had fallen to the share of plaintiff. Defendant has been enjoying his share as absolute owner. When he made an application before revenue authority to get the khata in his name, plaintiff refused to give consent. Taking advantage of strained relationship plaintiff tried to dispossess him.
4. Having considered the pleadings of the parties, the Trial Court framed an issues, whether the plaintiff proves that he is in peaceful possession and enjoyment of suit schedule property and whether the plaintiff proves alleged interference and whether entitled for relief of permanent injunction?
5. The plaintiff examined himself as PW-1 and got marked Exs.P1 to P30 and examined one witness as PW-2. On the other hand defendant No.1 examined himself as DW-1 and got marked the documents Exs.D1 to D8 and Ex.C1 came to be marked during cross examination of PW-1.
6. The Trial Court having considered both oral and documentary evidence available on record comes to the conclusion that, when the plaintiff claims that property is a granted land and the same is granted under Darkasth in the year 1965, in order to substantiate the same, he has not produced any document, even plaintiff has been recalled and got marked 24 documents and it is the claim of the plaintiff that suit schedule property Sy.No.127/P2 measuring 6 acres was granted to him under Darkasth and no such document is placed before the Court. But in the RTC, name of the plaintiff is appearing as per Darkasth and also he has produced RTC which has marked as Exs.P1 to P20, but as per Exs.P12, P13, P14, P15, the name of one Korachara Thimmappa S/o Thimmappa was appearing in respect of Sy.No.127/P2 measuring 6 acres. But the plaintiff has to prove that he also called as Korachara Thimmappa. But as per Exs.P16 to P20 the name of plaintiff was shown as Thimmappa S/o Nagappa. But as per the documents produced by the plaintiff himself at Ex.P27, the Sy.No.127/P2 measuring 6 acres is a Go
In property disputes involving claims of possession and title, a plaintiff must provide clear evidence of lawful ownership and seek a declaration of title when the title is contested.
In property disputes, a plaintiff must provide clear evidence of lawful possession and ownership, especially when the title is contested; failure to do so may result in dismissal of claims for injunc....
A suit for injunction is not maintainable without a concurrent suit for declaration of title when ownership is disputed, emphasizing the necessity of primary evidence in possession claims.
In title suits, the burden of proof lies on the plaintiffs to establish their title, even if defendants do not contest; mere possession is insufficient for a declaration of title.
A suit for permanent injunction, without seeking a declaration of title, is not maintainable when ownership is disputed; a comprehensive claim is required to address possession and title.
The burden of establishing title over ancestral property lies with the plaintiff, and the non-framing of specific issues regarding title does not render the decree unsustainable when parties were awa....
Ownership of immovable property cannot be established through an unregistered sale deed, which is inadmissible in evidence under the Indian Registration Act, affirming that possession follows title.
In actions for injunctions, plaintiffs must demonstrate lawful possession and seek a declaration of title when ownership is disputed; failure to do so renders the suit unmaintainable.
The title of a vendor must be established to support a claim of ownership over property, where mere possession is inadequate under property law.
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