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H. P. SANDESH
S. Subramani – Appellant
Versus
Gangalakshamamma – Respondent
JUDGMENT
H.P. Sandesh, J.
This matter is listed for admission and I have heard the learned counsel for the appellant.
2. The factual matrix of the case of the plaintiff before the Trial Court is that plaintiff is the owner of the site No.12 situated in Sy.No.111 of Shivanapura Village by virtue of an agreement of sale dated 29.01.1994. The defendant by an agreement of sale, agreed to sell the suit schedule property for a sum of Rs.7,500/- and the plaintiff has paid the entire sale consideration amount to the defendant No.1 and she put him in possession of the suit schedule property. The defendant No.1 has agreed to sell the same contending that by virtue of a partition entered into among the members of her family dated 08.06.1969, the defendant No.1 was allotted 1 acre, 1 gunta of land in Sy.No.111. As per the partition, the property mutated in M.R.No.2/92-93 and number of sites, out of which the site No.12 was agreed to be sold in favour of the plaintiff. The defendant No.1 was in need of money for their family necessity and daughter marriage and in view of the ban imposed by the Government of Karnataka, the document is not registered. The plaintiff constantly requesting to execute t
A plaintiff must establish lawful possession of property at the time of filing a suit for injunction; failure to do so results in dismissal of the claim.
A plaintiff must prove lawful possession of property at the time of filing a suit for injunction; failure to do so results in dismissal of the claim.
The court affirmed that a plaintiff with established possession is entitled to a permanent injunction against interference, supported by valid ownership documentation.
Possession disputes must be judged based on admissions and evidence presented; unregistered sale deeds can be admissible if supported by such evidence.
Unregistered agreements and powers of attorney do not confer legal title or possession; valid title and identification of property are essential to establish claims in injunction suits.
The court ruled that temporary injunction requires a showing of prima facie title, balance of convenience, and credible evidence of possession, with registered sale deeds being prioritized over notar....
A registered sale deed substantiated the plaintiff's claim over properties, and the First Appellate Court erred by disregarding critical evidence regarding possession.
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