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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.Srishananda
Hombahanumi, W/O Sri Hanumaiah – Appellant
Versus
Appaji, S/O Hombaiah – Respondent
| Table of Content |
|---|
| 1. background of ownership dispute (Para 2 , 5 , 6 , 7 , 8 , 10) |
| 2. defendants' claims of ownership (Para 12 , 13) |
| 3. evidence assessment in ownership (Para 14 , 15) |
| 4. procedural irregularities in trials (Para 18 , 19 , 20) |
| 5. judicial reasoning and conclusions (Para 23 , 24 , 30 , 32) |
JUDGMENT :
V Srishananda, J.
Heard Sri Ramesh H E, learned counsel for Ravindra Prasad B, learned counsel for the appellants and Sri H.S.Chandrasekhar, learned counsel for the respondent.
2. Defendants in O.S No.277/2011 on the file of the Prl. Civil Judge and JMFC, Ramanagara, are the appellants in this Second Appeal. They suffered the decree of declaration and injunction in the said suit. Operative portion of the judgment passed in the suit reads as under:
“The suit of the plaintiff is hereby decreed with cost.
It is declared that the plaintiff is the absolute owner of the suit schedule property.
Consequently, the defendants, their agents etc., are hereby restrained permanently from interfering with the plaintiff’s lawful possession and enjoyment over the suit schedule property.”
3. Being aggrieved by the same, defendants preferred an R.A No.32/2015 which was re-numbered as R.A No.75/2019 on t
The burden of proof lies on the party claiming ownership; failure to provide satisfactory evidence leads to the dismissal of claims challenging established titles.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
The court upheld that possession is key in injunction cases, reaffirming the presumption in favor of older title documents when evidence of possession is compelling.
In a suit for permanent injunction, if the plaintiff establishes title, a reasonable presumption of lawful possession can be drawn. The defendant's challenge to the title must be examined to determin....
A vendor cannot sell land they do not own; a suit for injunction is not maintainable without a declaratory relief establishing ownership.
Possession follows title; entries in revenue records do not confer ownership. A suit for injunction is maintainable without seeking declaration of title when possession is established.
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