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2025 Supreme(Kar) 238

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Anant Ramanath Hegde
Narayanamma – Appellant
Versus
Rajappa, Major, S/o Late Chokkappa Since Deceased By His Lrs – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. A V Gangadharappa, Advocate
For the Respondent:Sri. V Viswanath Setty, Advocate

JUDGMENT :

Anant Ramanath Hegde, J.

These two Second Appeals arise from the judgment and decree in a suit for declaration of title, based on the registered sale deed, and in the alternative, on a plea of adverse possession.

2. The suit is decreed in part, declining the relief of declaration of title based on the sale deed as well as adverse possession. A decree for injunction is granted, holding that the plaintiffs are in possession.

3. Both plaintiffs’ First Appeal against the decree declining relief of declaration of title and defendants’ appeal against the decree granting injunction are dismissed, and the Trial Court judgment is affirmed. Hence, these two appeals, one by the plaintiffs and the other by the defendants.

4. Claim for declaration of title stems under the sale deed dated 15.07.1971, said to have been executed by the plaintiffs' father's vendor. Alternative relief of declaration of title, by adverse possession is also sought, in the event of plaintiffs not establishing title under the sale deed.

5. Both Courts concurrently held that the plaintiff’s father’s vendor did not have the title. Declaration based on adverse possession is rejected for want of necessary plea and evid

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