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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
H.P.Sandesh
K.K.Purushotham Naika – Appellant
Versus
Bharathkumar Gundya – Respondent
JUDGMENT :
H.P. Sandesh, J.
This matter is listed for admission. Heard the learned counsel for the appellant and the learned counsel for the caveator/respondent.
2. This appeal is filed against the concurrent finding of the Trial Court.
3. The factual matrix of the case of the plaintiff before the Trial Court while seeking the relief of declaration and possession is that he is the absolute owner of the ‘A’ schedule property by virtue of the grant by the Land Grant Committee of Madikeri Taluk. It is the specific case that ‘A’ schedule property was the granted land and the defendant is in illegal possession of ‘B’ schedule property without any right, title or interest and also sought for the relief of possession in respect of ‘B’ schedule property, which is in illegal occupation of the defendant. The defendant appeared and filed the written statement contending that he is not in encroachment of any property and contended that the suit is barred by limitation and the plaintiff is not entitled for any relief of declaration and possession as sought.
4. The plaintiff in order to prove his case examined himself as P.W.1 and also got marked the documents at Exs.P.1 to 10 and also examined P.W.2
The courts upheld the factual determination regarding a minimal encroachment of 0.30 acres, emphasizing the sufficiency of evidence in resolving possession disputes under the Limitation Act.
The duty of the First Appellate Court to record findings on all issues of law and facts, the admissibility of documentary evidence, and the application of res judicata.
The main legal point established is the importance of considering all evidence, addressing objections, and following procedural requirements in property disputes, along with the applicability of the ....
[The court established that the burden of proof lies on the defendant to substantiate claims of ownership or tenancy, and failure to do so, coupled with admissions against interest, can lead to a jud....
The plaintiff must prove ownership and encroachment claims effectively; mere possession does not suffice without credible evidence.
A plaintiff proved ownership of property, and the court upheld findings on encroachment based on admissions and evidentiary assessments.
The High Court confirmed that valid government grants prevail over disputed possession claims, emphasizing that reliance on erroneous previous reports constituted a reversible error.
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