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C M JOSHI
T Nagappaiah Navada – Appellant
Versus
Venkatappa – Respondent
JUDGMENT :
C M Joshi, J.
Being aggrieved by the common judgment and decree in OS No.2504/1999 and OS No.1059/1999 passed by the learned XIV Additional City Civil Judge, Bangalore, (CCH No.28) dated 21-10-2009, the plaintiff in both the suits is before this Court in appeals.
2. OS No.2504/1999 is a suit for declaration of title and possession and OS No.1059/1999 is for injunction simplicitor. Therefore, the facts as narrated in OS No.2504/1999 would be relevant and will have greater scope.
3. The brief facts as contended by the plaintiff in OS No.2504/1999 are as below:
4. The plaintiff contended that he is the absolute owner of the 'A' schedule property since he purchased the same under the registered sale deed in the year 1966 from its previ
Boundaries specified in a sale deed prevail over measurements when determining property ownership.
Point of law: The principle of lis pendens is still settled principle of law. In this connection, the Full Bench of the Allahabad High Court in Ram Peary, AIR 1978 All 318] has considered the scope o....
The party asserting ownership must provide clear evidence of title and possession. Failure to do so resulted in the restoration of the trial court's dismissal of the plaintiffs' claims.
Appellate courts can reverse trial court decisions if there's a clear misinterpretation of law or evidence, particularly concerning property title and possession.
The right and title to property have to be determined not with reference to survey demarcation but based on other cogent materials, primary of which is title deed. The record of survey result shall b....
Plaintiffs must establish the identity of the property to succeed in a suit for declaration of title and permanent injunction.
The burden of proof lies on the plaintiff to prove the identity of the property and the correctness of the plaint schedule.
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