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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANANT RAMANATH HEGDE
Doddakka, D/o Chickaiah, @ Dodda Chickaiah – Appellant
Versus
Malappa, S/o Chickkachikkaiah – Respondent
JUDGMENT :
ANANT RAMANATH HEGDE, J.
This appeal is arising from the concurrent finding in a suit for declaration and injunction.
2. The plaintiffs claimed declaration of title for property bearing Sy.No.46/2 measuring 1.19 guntas in Gollahalli Village, Kasaba Hobli, Chintamani Taluk.
3. The plaintiffs' case is as under:
- Plaintiffs claim ownership of the property based on the registered partition deed dated 08.04.1953 and registered gift deed dated 20.09.1956. One Beerappa was the propositus. Chikkaiah@Dodda Chikkaiah, the last son of Beerappa is the plaintiffs' father and Chikkaiah@Dodda Chikkaiah died during the pendency of the suit.
- The plaintiffs claim that their father Chikkaiah@Dodda Chikkaiah was allotted the suit property in the partition of 1953 and on 20.09.1956, Chikkaiah@Dodda Chikkaiah executed a gift deed along with his two sons namely Adivappa and Beerappa, who are the brothers of the plaintiffs.
- The suit is filed on the premise that Malappa S/o Chikkachikkaiah, the grandson of Doddamalappa, got his name entered in the property records by taking advantage of the situation that his name resembles with Chikkaiah the plaintiffs' father and thereafter, the property was sol
Proper documentary evidence, including ancient registered deeds, must be considered in ownership disputes, and failure to do so constitutes a denial of justice.
(1) Execution of gift-deed – A deed of gift having only one witness would be void ab initio and a nullity in its very inception, but a deed of gift having two witnesses would not by itself stand ab i....
When delivery of possession was effected in furtherance of the sale deed, it would amount to notice to all concerned.
A gift deed executed by a party lacking title is invalid, allowing heirs to seek partition of inherited property without needing to cancel the gift deed.
The presumption under Section 90 of the Indian Evidence Act requires original documents for establishing ownership, and secondary evidence alone is insufficient.
Presumption as to documents 30 years old – Presumption is with regard to proper execution of document which is 30 years old and not proof of execution thereof.
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