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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K.S.HEMALEKHA
P. Krishnappa, S/o M. Poojappa – Appellant
Versus
K. Mannaji Rao, S/o D. Krishnoji Rao – Respondent
| Table of Content |
|---|
| 1. overview of property ownership dispute (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments on valid ownership claims (Para 8 , 9) |
| 3. court's analysis of gpa and property rights (Para 10 , 11 , 13 , 14 , 15 , 16) |
| 4. final ruling on appeal and trial court's judgment (Para 17) |
JUDGMENT :
K.S. HEMALEKHA, J.
The present appeal is preferred by the plaintiff assailing the judgment and decree dated 08.12.2021 passed in O.S. No. No. 8388/2016 on the file of the XIX Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as ‘trial Court’ for short). By the said judgment, the trial Court dismissed the suit filed by the plaintiff for (1) permanent injunction restraining the defendants from interfering with his alleged possession of the suit schedule property, and (2) declaration that the sale deed dated 06.10.1989 and the gift deed dated 09.12.2015 are sham, invalid and not binding on the rights of the plaintiff.
Brief facts.
Plaint averments
2. Plaintiff claimed ownership and possession of House No. 56, House List Khata No. 107-163-4, Babusabpalya Village, Nanjappa Garden, Bengaluru (hereinafter referred to as ‘the suit property’). The claim of the plaintiff is that he ha
Unregistered GPAs and affidavits do not confer ownership or possessory rights in immovable property, and mere injunction is not maintainable when title is clouded by a prior registered sale deed.
Presumption that possession goes with title applies to a case like this where neither party has been able to prove or establish possession, but one of the parties is able to show its title.
The judgment emphasizes the importance of timely and proper legal action, and the need for plaintiffs to make clear and consistent pleadings to support their claims.
In a suit for declaration of title, the burden lies on the plaintiff to establish their title, and failure to do so results in dismissal, regardless of the defendants' claims.
Civil Procedure Code, 1908 – Order 21 Rules 97, 98 and 101 – Execution of decree – Mutation entry in revenue records does not create title nor has any presumptive value on title, but only enables the....
(1) Sale – There is difference between a sale deed and an agreement for sale, or a contract for sale.(2) Part Performance – Unless transferee in instrument of agreement to sale is able to prove that ....
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