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2023 Supreme(Kar) 1160

IN THE HIGH COURT OF KARNATAKA
Ashok S.Kinagi, J.
Venkataramaiah – Appellant
Versus
Hanumanthappa – Respondent
Regular Second Appeal No. 663 of 2007
Decided On : 26-10-2023

Advocates appeared:
Manjula C., Advocate, M.Jaiprakash Reddy, Advocate, B.G.Fayaz Sab , Advocate

The First Appellate Court is required to provide a reasoned judgment addressing all issues, and failure to do so constitutes a ground for setting aside its decision.

Headnote:

CIVIL LAW - PROPERTY DISPUTE - CPC - SECTIONS 96, 100, 108; EVIDENCE ACT - SECTION 108 - The court discussed the provisions of the Code of Civil Procedure (CPC), particularly Sections 96 and 100, which govern appeals and the necessity for the First Appellate Court to provide reasons for its decisions. It emphasized the importance of Order 41 Rule 31, which mandates that judgments must state points for determination, decisions, and reasons. The court also referenced Section 108 of the Evidence Act regarding the burden of proof concerning a missing person. The failure of the First Appellate Court to address these legal requirements influenced the decision to allow the appeal and remand the case for reconsideration.

Fact of the Case:

The plaintiffs filed a suit for declaration of title and permanent injunction over a property they claimed was ancestral and had been in their family's possession. The defendants contested this, asserting their ownership based on a family partition. The trial court ruled in favor of the plaintiffs, declaring them the owners and granting an injunction against the defendants. The defendants appealed, leading to a judgment that was later challenged in a second appeal.

Finding of the Court:

The court found that the First Appellate Court failed to provide adequate reasoning for its decision, particularly regarding the plaintiffs' claim of ownership based on their father's presumed absence. The court noted that the First Appellate Court did not address the critical issue of whether the suit was maintainable given the father's status.

Issues: 1. Whether the plaintiffs proved their ownership and possession of the suit property. 2. Whether the First Appellate Court's judgment was sustainable in light of the lack of reasoning and consideration of the father's status.

Ratio Decidendi: The court held that the First Appellate Court must provide a reasoned judgment addressing all issues raised, particularly when the plaintiffs' claim hinges on the legal presumption of their father's death. The court emphasized the procedural requirements under the CPC and the burden of proof under the Evidence Act.

Final Decision: The appeal was allowed, the judgment of the First Appellate Court was set aside, and the case was remanded for a rehearing in accordance with the procedural requirements of the CPC.

JUDGMENT

1. This second appeal is filed by the appellants challenging the judgment and decree dtd. 20/12/2006, passed in R.A.No.221/2000 by the Fast Track Court-III, Kolar, confirming the judgment and decree dtd. 7/11/2000 passed in O.S.No.47/1998 by the Prl. Civil Judge (Jr.Dn.), Kolar.

2. For the sake of convenience, parties are referred to as per their ranking before the trial Court. Appellant Nos.1 and 2 are defendant Nos.1 and 2 and respondents 1 to 3 are the plaintiffs and respondent Nos.4 to 7 are defendant Nos.3 to 6.

3. The brief facts leading rise to filing of this appeal are as under:

The plaintiffs filed a suit for declaration of title and permanent injunction in respect of the suit schedule property. It is the case of the plaintiffs, that the plaintiffs are the absolute owners of the suit schedule property. It is contended that the suit schedule property was the ancestral property of the plaintiffs. The said property was acquired by the father of the plaintiffs through the partition, took place between the father of the plaintiffs and defendant No.1 and their brothers. In the said partition, the suit schedule property was fallen to the share of plaintiffs' father. The plaintiffs and their father are in joint possession and enjoyment of the suit schedule property. Earlier, the katha was standing in the name of grand father of the plaintiffs and after partition, the property was transferred in the name of father of the plaintiffs. It is contended that the plaintiffs father left the house about four years back and the plaintiffs have searched their father and even now searching but his whereabouts are not known. The defendants have no right, title or interest over the suit property. The defendants are trying to interfere into the peaceful possession of the plaintiffs over the suit schedule property. The plaintiffs requested the defendants not to interfere into the peaceful possession and enjoyment of the suit schedule property. But the defendants did not give any heed to the request made by the plaintiffs. It is contended that the defendants were concocted some forged documents to knock off the suit property from the plaintiffs and therefore they had given written complaint to the jurisdictional police. It is further submitted that, the suit property is attached to the Kolar City limits and the defendants are trying to dig a foundation pit for construction of residential building in the suit property and are trying to dispossess the plaintiffs from the suit property. Hence, cause of action arose for the plaintiffs to file a suit for declaration of title.

4. Defendant No.1 filed written statement denying the averments made in the plaint. It is admitted that the plaintiffs father Chinnappa, defendant No.1 and their brothers are the sons of Maddurappa constituted a Hindu Undivided joint family and in possession of all joint family properties including the suit property. It is contended that after the death of Maddurappa, the plaintiffs father Chinnappa and defendant No.1 and other brothers divided the joint family properties by taking their legitimate shares. It is denied that in the partition, the suit schedule property was fallen to the share of the plaintiffs father. It is denied that the katha was transferred in the name of the plaintiffs grandfather and thereafter in the name of the plaintiffs father. It is contended that after the partition, the said property was standing in the name of defendant No.1 and the plaintiffs' father name was entered in the RTC col.12/2. He denied that Chinnappa left the house about four years back and the plaintiffs have searched for their father, but his whereabouts are not know. It is contended that the plaintiffs father is alive and he had not co-operated with the plaintiffs to file false suit against these defendants. It is contended that the defendants have already constructed a tile roofed varanda with stone roofed wall in the suit land to store the agricultural implements about 1

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