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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.Srishananda
Prameela, W/o. Late Arasappa – Appellant
Versus
Venkataramaiah, S/o. Late. Narasimhaiah – Respondent
JUDGMENT :
V Srishananda, J.
Heard Sri.S.Dorai Babu, learned counsel appearing on behalf of Smt.Archana Murthy P., learned counsel for the appellants and Sri.A.Sampath, learned counsel for respondents.
2. Present appeal is filed by the defendants challenging the validity of the judgment passed in O.S.No.326/2009 which was confirmed in RA No.03/2018.
3. For the sake of convenience, parties are referred as plaintiff and defendants as per their original ranking before the Trial Court.
4. Facts in brief which are utmost necessary for disposal of the present appeal are as under:
4.1. Plaintiff filed a suit for declaratory injunction in respect of immovable property bearing Sy.No.78/1 measuring 26½ guntas situated at Heggadadevanapura, Dasanapura Hobli, Bengaluru North Taluk, Bengaluru bounded on East by Sy.No.78/2, West by land of defendants, North by land belonging to Anjanappa, Ranganna and Byregowda and South by Sy.No.78/1 belongs to brother of plaintiff (hereinafter referred to as suit property).
4.2. It is contended that land in Sy.No.78 of Heggadadevanapura totally measuring 4 acre 14 guntas at an undisputed point of time which is a Government land. Father of the plaintiff purchased the
An individual can only convey as much land as they legally own, with revenue entries providing presumptive evidence but not definitive ownership against established deeds.
The burden of proof lies on the party claiming ownership; failure to provide satisfactory evidence leads to the dismissal of claims challenging established titles.
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.
A vendor cannot sell land they do not own; a suit for injunction is not maintainable without a declaratory relief establishing ownership.
Possession claims must be supported by legal documentation, and the court will uphold a modified claim that aligns with prior legal instruments, dismissing irrelevant disputes.
Appellants must substantiate ownership and possession claims in property disputes, failing which relief due to declaration of title is not warranted.
Revenue records do not confer title; civil courts lack jurisdiction over revenue matters, affirming the authority of revenue officials in correcting entries and ejecting trespassers.
Ownership claims must rely on substantive evidence, as documentary title prevails over mere revenue entries in property disputes.
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