Ownership claims in property disputes must be substantiated with credible documentary evidence, and inconsistencies in oral and documentary evidence can result in dismissal of claims.

JUDGMENT :

RAVI V. HOSMANI, J.

Challenging judgment and decree dated 31.07.2007 passed by Addl. Sessions Judge, Presiding Officer, Fast Track Court - I, Davanagere in RA no.177/2002, this appeal is filed.

2. Appellant was plaintiff in OS no.597/1996 filed for declaring plaintiff as absolute owner of Eastern portion of Sy.no.13/1, measuring 4 Acres 5 guntas of land situated at Karur village, Kasaba Hobli, Davanagere, ('suit property' for short) and for permanent injunction etc.

3. In plaint, it was stated Smt.Mehaboob Bi w/o Yakoob Sab was owner of land bearing Sy.no.13 totally measuring 13 Acres 37 guntas. After her death, it was divided by mutual agreement/oral partition between her two children, with extent of 8 Acres 10 guntas i.e. Syno.13/1 assigned to Syed Kasim Sab (‘SKS’, for short) and 5 Acres 27 guntas i.e. Sy.no.13/2 assigned to Syed Zainulabddin Sab (‘SZ’, for short). It was stated unequal partition was due to fact that SKS as elder brother shouldered responsibility of family and discharged debts. It was further stated since then, they were enjoying respective properties as absolute owners.

4. Thereafter, SKS had sold half portion to Matadashaksharappa (‘MSS’ for short) under registered Sale deed dated 29.05.1939. But, due to typographical error, measurement/extent sold to MSS was not mentioned, except stating that eastern half portion in Sy.no.13/1 was sold and western half portion measuring 4 Acres 5 guntas was retained by SKS.

5. It was stated, vide MR no.7/39-40 name of MSS was mutated on 30.05.1939, mentioning total measurement of Sy.no.13/1 and sale of half portion to MSS. After death of SKS, his children namely Syed Abdul Azeez, Syed Ahamed, Syed Abdul Gafoor, Syed Usuf and Syed Umar were in joint cultivation of their property until oral partition in 1982, wherein suit property was assigned to Abdul Azeez (plaintiff’s father) as others were in government service. And in 1983, Abdul Azeez died leaving behind six children (plaintiffs herein) of whom plaintiffs no.4 to 6 - daughters were married and residing with their husbands, therefore plaintiffs no.1 to 3 - sons were in joint possession of suit property. It was stated, in year 1991, brothers of Abdul Azeez also executed Assignment Deed in favour of plaintiffs no.1 to 3. Thus, plaintiffs were absolute owners of suit property in which defendant claiming to have succeeded to ownership as grandson of MSS and son of Siddadharaiah. Therefore, revenue entries showing assignment of 6 Acres 38½ guntas in Sy.no.13/1 to ancestors of defendant were erroneous.

6. It was stated, even as per sale deed and partition between SKS and SZ, half share would not exceed 4 Acres 5 guntas. Same was sold by SKS. Applications were made to Tahsildar for rectifying entries. Taking advantage of same, defendant got converted extent standing in his name and began interfering. In meanwhile, Tahsildar, Davanagere initiated enquiry on applications and on 29.02.1996 passed order that property sold by SKS to MSS was 4 Acre 5 guntas renumbered as Sy.no.13/1A, and remaining extent measuring 4 Acres 5 guntas as Sy.no.13/1B. Consequently, conversion of excessive extent, interference with suit property belonging to plaintiffs and efforts for al