Ownership must be proven through title documentation; mere possession does not grant rights against true ownership. Legal title supersedes claims of adverse possession without sufficient proof.

JUDGMENT :

VENKATESH NAIK T., J.

This appeal is filed by the appellants/plaintiff Nos.1 to 3 challenging the judgment and decree dated 12.01.2024 passed by the learned Additional Senior Civil Judge and JMFC, Nelamangala (herein after referred to as 'the trial Court', for brevity) in O.S.No.337/2017.

2. For the purpose of convenience, the parties are referred to as per their ranking before the trial Court. The appellants are plaintiff Nos.1 to 3 and respondent is the defendant.

3. The brief facts of the case are that, the plaintiffs filed a suit for declaration, mandatory injunction and for recovery of possession. It is the case of the plaintiffs that one Smt. Vijayalakshmi and Sri.S.R.Yogananda purchased suit schedule item No.1 of 'A' schedule property, land bearing Survey No.20 situated at Nagarur Village, Dasanapura Hobli, Nelamangala Taluk, measuring 8 acres 11 guntas from Channagiriyappa under a registered sale deed dated 31.01.1969 and suit schedule item No.2 of 'A' schedule bearing survey No.28 situated at Nagarur Village, measuring 8 acres 11 guntas from Sri.S.R.Yogananda under a registered sale deed dated 13.12.1978. The boundaries as per the sale deed dated 13.12.1978 shows only towards North, South and East, but, towards West, no boundary is mentioned, however, in the subsequent sale deeds, the boundaries are correctly shown.

4. It is contended that suit schedule item No.3 of 'A' schedule property was purchased by plaintiff No.3 under a registered sale deed dated 12.4.1990 from Sri.V.C.Channappa. Suit item No.4 of 'A' schedule was purchased by plaintiff No.3 under registered sale deed dated 27.09.1990 from Sri.H.D.Shivakumar. Suit item No.5 of 'A' schedule was purchased by plaintiff No.3 under a registered sale deed dated 22.09.1990 from Sri.H.D.Gangaraju. Suit Item No.6 of 'A' schedule was purchased by plaintiff No.3 under a registered sale deed dated 25.09.1990 from Sri.H.D.Shivaprakash. Suit Item No.7 of 'A' schedule was purchased by plaintiff No.3 under a registered sale deed dated 21.09.1990. Plaintiff No.1 is the absolute owner of suit item No.8 of 'A' schedule property land bearing Survey No.28/2, measuring an extent of 3 acres situated at Nagarur Village, which was converted for non agricultural purpose vide order dated 21.05.1993 and 01.12.1993 under a registered sale deed dated 07.10.1994 executed by G.P.A holder of plaintiff No.3, which is confirmed by confirmation deed dated 27.06.2016 and plaintiff Nos.2 and 3 have purchased Item No.9 of suit 'A' schedule property, which is converted for residential purpose under Order dated 25.01.1993 and 01.12.1993 from G.P.A holder of plaintiff No.3 under a registered sale deed dated 30.03.1996, which is confirmed as per confirmation deed dated 27.06.2016.

5. The sale transactions in respect of land bearing Survey Nos.20, 28, 28/2 and 28/1 are as under:

'A' Schedule Property