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E. S. INDIRESH
Ningappa Shankrappa Hachdad – Appellant
Versus
Neelamma – Respondent
JUDGMENT :
(E.S. Indiresh, J.)
This appeal is filed by the plaintiff challenging the judgment and decree dated 03rd December, 2019 passed in Regular Appeal No.23 of 2010 on the file of the Additional Senior Civil Judge, Basavana Bagewadi (for short, hereinafter referred to as 'First Appellate Court'), dismissing the appeal and confirming the judgment and decree dated 05th April, 2010 passed in Original Suit No.09 of 2000 on the file of the Civil Judge (Jr.Dn.), Basavana Bagewadi (for short, hereinafter referred to as 'Trial Court'), wherein the suit filed by the plaintiff came to the dismissed.
2. For the sake of convenience, the parties in this appeal shall be referred to in terms of their status and ranking before the Trial Court.
3. The plaint averments are that the plaintiff claims to be the owner of the suit schedule property, alleging that the defendants 2 and 3 are the son and daughter of defendant No.1. The defendant No.1 is the daughter of the deceased Shankaramma and the suit schedule property belongs to said Shankaramma. It is stated in the plaint that the deceased Shankaramma died on 16th October, 1976 leaving behind the registered Will dated 23rd July, 1976 bequeathing t
The propounder of a Will must prove its validity when disputed, as per Section 69 of the Evidence Act.
In a suit for injunction, failure to specifically deny property description constitutes an admission, supporting the plaintiff's established possession based on a valid Will.
Title Declaratory Suit – It is duty of plaintiffs to produce document of title and Civil Court cannot grant declaration on the basis of revenue records.
Declarations of ownership cannot be granted based solely on revenue documents; proper title documents are required to establish ownership.
In property suits, plaintiffs must present definitive documentation of title; tax records are insufficient for establishing ownership.
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