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SREENIVAS HARISH KUMAR, T. G. SHIVASHANKARE GOWDA
Madivalappa S/O Kariyappa Mugabasav Since Deased By His Lrs. – Appellant
Versus
Mohammad Jafar S/O Hussainsab Kallimani – Respondent
JUDGMENT :
Sreenivas Harish Kumar, J.
The judgment in O.S.No.72/2011 on the file of I Additional Senior Civil Judge, Dharwad has given rise to these two appeals, one by the plaintiff and the other by the 7th defendant in the suit. RFA.No.100028/2015 is filed by the 7th defendant and RFA.No.100029/2015 is filed by the plaintiff. After the death of the appellant in RFA.No.100029/2015 his daughter Leena came on record as legal representative. Respondents 6 and 7 namely Beena and Kiran are also treated as legal representatives. Appellant’s wife Shashikala was impleaded as Respondent no.8.
2. In RFA No.100028/2015 the plaintiff was arrayed as respondent no.7 and in this appeal, Shashikala and Leena were impleaded as his legal representatives.
3. The material facts pleaded by the plaintiff are like this:
The name of plaintiff’s wife is Shashikala. Defendant no.6 Beena is plaintiff’s daughter and defendant no.7 Kiran is his son. The suit properties consist of agricultural lands in Block nos.49, 50, 51, 54, 56, 57 and 142 of Yattinagudda village, Dharwad Taluk. The measurements and boundaries of these properties are shown in the plaint. The plaintiff and defendant no.6 being a minor purchased t
Legal representatives cannot adopt inconsistent positions from the deceased, and a mere varadi does not constitute valid relinquishment of property rights.
The plaintiff's mother became the absolute owner of the suit schedule properties by virtue of the Ryotwari Patta granted in her name under Section 11 of the Tamil Nadu Estates (Abolition and Conversi....
A female Hindu's property acquired is exclusively hers; mutation entries do not convey title. Plaintiff's suit was time-barred due to lack of diligence in asserting her rights.
The judgment emphasizes the importance of valid legal documents, such as registered family arrangements, and highlights the limitations of mutation entries and the requirements for proving adverse po....
(1) Sale of an immovable property has to be for a price – Price may be payable in future – It may be partly paid and remaining part can be made payable in future.(2) A document which is void need not....
Children born out of wedlock can claim equal rights to inheritance alongside legitimate children, as per Hindu law principles.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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