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
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


Thomas Cook India Limited vs.Hotel Imperial
Maria Margarida Sequeira Fernandes v. Erasmo Jack de Sequeira
Plaintiffs' failure to establish title through a sale deed results in denial of injunction against titled owners, affirming that ownership rights supersede mere possession.
The main legal point established in the judgment is the requirement to prove continuity and publicity of possession for adverse possession claims, as well as the necessity of a registered instrument ....
A person in settled possession is protected against forcible dispossession by the true owner without legal recourse, even if the title is disputed.
Plea of ownership based on sale deed and plea of adverse possession, both are contrary to each other and plaintiffs cannot be permitted to take both pleas at the same time.
The plaintiff, having lost the case on title dispute, was not entitled to permanent injunction against the true owner.
When there is a denial of title or a challenge raising a cloud, parties should file a suit for declaration of title, and adverse possession requires hostile possession denying the true owner's title.
The plaintiff's request for permanent injunction was denied as he failed to prove adverse possession and the defendant was adjudged the lawful owner of the disputed land.
A declaration of property ownership requires establishing possession; without it, claims regarding related deeds are insufficient.
In a suit for injunction simpliciter, the court cannot adjudicate title without necessary pleadings and issues; possession is the primary concern.
(1) Injunction is a consequential relief – In a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a furth....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.