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E. S. INDIRESH
Baburao Basanna Kore – Appellant
Versus
Shivalingappa – Respondent
JUDGMENT :
(E.S. Indiresh, J.)
This appeal is preferred by plaintiffs challenging the judgment and decree dated 09th January, 2019 passed in Regular Appeal No.4 of 2017 on the file of the Senior Civil Judge, Aland (for short, hereinafter referred to as 'First Appellate Court'), dismissing the appeal and confirming the judgment and decree dated 07th November, 2016 passed in Original Suit No.203 of 2009 on the file of the Additional Civil Judge and JMFC, Aland (for short, hereinafter referred to as 'Trial Court'), wherein the suit filed by the plaintiffs came to be 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 plaintiffs filed Original Suit No.203 of 2009, seeking relief of declaration that the they are the owners in possession of the schedule property stating that the properties are belong to their ancestors. It is also stated in the plaint that the defendants are interfering with the suit schedule properties and as such, the plaintiffs filed suit before the Trial Court.
4. After service of summons, defendants entered appearance and filed detail
Declarations of ownership cannot be granted based solely on revenue documents; proper title documents are required to establish ownership.
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.
In property suits, plaintiffs must present definitive documentation of title; tax records are insufficient for establishing ownership.
Revenue records do not confer title over property and cannot solely support a claim for ownership without proper title documents.
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.
The propounder of a Will must prove its validity when disputed, as per Section 69 of the Evidence Act.
The First Appellate Court erred in reversing the Trial Court's decree, failing to consider res-judicata and the finality of previous judgments regarding property ownership.
A claimant must establish legal ownership to obtain an injunction; granting an injunction based on a dismissed declaration suit is contrary to established legal principles.
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