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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
M.G.S. Kamal, J
Maremma W/o. Late Ballari Ramanna – Appellant
Versus
Jademma W/o. Nagaraj – Respondent
| Table of Content |
|---|
| 1. background of property inheritance. (Para 1 , 2 , 3 , 4) |
| 2. defendants' claim of property ownership. (Para 5 , 8) |
| 3. appellate court's considerations and evidence review. (Para 6 , 10 , 19 , 20) |
| 4. arguments on legal evidence and document sufficiency. (Para 16 , 22 , 28) |
| 5. the court observed the necessity of revenue records in property claims. (Para 29) |
| 6. possessory title and its implications. (Para 30 , 31) |
| 7. final ruling and order confirmation. (Para 32 , 33) |
JUDGMENT :
M.G.S. KAMAL, J.
1. This regular second appeal is by the defendants in O.S. No.203/2011, being aggrieved by the judgment and decree dated 18.02.2020 passed in R.A. No.85/2019 on the file of the First Addl. Senior Civil Judge, Ballari (for short “the First Appellate Court”), by which the First Appellate Court, while allowing the appeal filed by the plaintiffs- respondents herein had set aside the judgement and decree dated 29.07.2015 passed in O.S. No.203/2011 on the file o the II-Addl. Civil Judge & JMFC, Ballari, (for short “the trial Court”) and decreed the suit, as prayed for.
2. The above suit in O.S. No.203/2011 is filed by the plaintiffs-respondents herein for the relief of declaration and posses
The court held that revenue records can establish possessory title if they show consistent family lineage, despite the lack of formal title deeds.
The court held that the respondents established their title and possession over the suit land, dismissing the appellants' claims due to insufficient evidence.
In a suit for declaration of title, the burden lies on the plaintiffs to substantiate ownership with clear evidence; mere possession is inadequate for claims. Title must be proven, not presumed.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
Revenue records do not confer title over property and cannot solely support a claim for ownership without proper title documents.
A plaintiff must establish their own ownership in a suit for title and possession, as entries in revenue records do not confer title.
Revenue records do not establish ownership; the burden of proving title lies with the plaintiff, and failure to provide valid documentation leads to resolution against the claim.
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