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C. M. POONACHA
Mahadev, S/o. Bhairu Gavade Since Deceased By Lrs – Appellant
Versus
Kamalabai W/o. Kallappa Melage Since Deceased By Lrs – Respondent
JUDGMENT :
C.M. Poonacha, J.
The present second appeal is filed by the plaintiff under Section 100 of Code of Civil Procedure, 1908, [Hereinafter referred to as ‘CPC’] challenging the judgment and decree dated 25.11.2008 passed in RA No.125/2007 by the Additional District and Sessions Judge, Fast Track Court IV, Belgaum, [Hereinafter referred to as the ‘first appellate Court’] and the judgment and decree dated 2.1.2004 passed in OS No.140/2002 by the III Additional Civil Judge (Jr.Dn) Belgaum, [Hereinafter referred to as the ‘Trial Court’], wherein the suit for declaration and possession filed by the plaintiff has been decreed by the Trial Court, which has been set aside by the first appellate Court.
2. The parties will be referred to as per their ranking before the Trial Court, for the sake of convenience.
3. It is the case of the plaintiff that he is the owner of suit property which is a residential house measuring 26 feet x 10 ¼ feet and a shed measuring 12 feet x 10 ¼ feet, together forming part of Municipal No.244/100A corresponding to CTS No.4879/46B, situated at Fulbag Galli, Belgaum. That defendant No.1 is the sister of the plaintiff and defendant No.2 is her husband.
4. It is t
In property disputes, once a plaintiff proves title, the burden shifts to the defendant to establish adverse possession; failure to do so results in the plaintiff's claim being upheld.
Possession must be open, continuous, and adverse to establish adverse possession; failure to prove this invalidates claims of ownership.
Suit for possession – Counter claim - In the absence of a pleading, mere production of judgment will not be sufficient to record a finding as to whether the plaintiff ought to have sought for possess....
(1) Recovery of possession – Limitation – Suit based on title where plea of adverse possession had not been raised could not be barred by limitation on ground that it was filed after more than 12 yea....
The suit for possession based on title is governed by Article 65 of the Limitation Act, allowing 12 years from the date of adverse possession, not Article 58.
Point of Law : It is a well-settled principle of law that a party claiming adverse possession must prove that his possession is 'nec vi, nec clam, nec precario', that is, peaceful, open and continuou....
The main legal point established in the judgment is that the benefit of Section 14(1) of the Limitation Act would not be available if the earlier suit was dismissed after adjudication on its merits a....
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