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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Faridamma @ Faridabanu W/o Basha Sab – Appellant
Versus
C.R. Praveen Kumar S/o Late Rajagopal – Respondent
| Table of Content |
|---|
| 1. validity of ownership claims and tenant's burden of proof. (Para 2 , 15 , 21) |
| 2. terms of eviction and rental payment failures. (Para 6 , 7 , 8 , 9 , 10) |
| 3. judgment upheld based on facts presented and lack of merits in appeal. (Para 30 , 31) |
JUDGMENT :
V. SRISHANANDA, J.
1. Heard Sri Jagan Mohan M.T. learned counsel for the appellant and Sri K.P.Chandrashekar Reddy, learned counsel for the respondent.
2. Defendant is questioning the validity of the judgment and decree dated 25.11.2023 passed in O.S.No.264/2016 on the file of the I Addl. Civil Judge and JMFC, Chitradurga, confirmed in R.A No.13/2024 dated 28.04.2025 on the file of the Prl. Senior Civil Judge and CJM, Chitradurga, whereby defendant was directed to vacate and hand over the possession of the property to the plaintiff within six months from the date of decree and to pay rent of Rs.1,000/- per month from 05.12.2014 till the date of suit by deducting the advance amount of Rs.10,000/-.
3. Facts in the nutshell which are utmost necessary for disposal of the present appeal are as under:
A suit for eviction came to be filed in respect of following property by the plaintiff contending that suit property is the ance
Ownership rights in ancestral property, failure to establish landlord-tenant relationship justified eviction.
A plaintiff must establish a jural relationship of landlord-tenant to claim possession; failure to prove tenancy and title leads to dismissal of eviction suits.
The establishment of the landlord-tenant relationship requires evidence of tenancy particulars, and the court must consider the entitlement of the defendant to the suit premises.
A plaintiff must prove lawful possession to claim an injunction, and reliance on revenue records alone is insufficient to establish ownership of property.
The tenant cannot deny the landlord's title once the property is transferred under the Transfer of Property Act, as established by the court's findings.
A tenant cannot contest a claimed ownership of a property without vacating it first, establishing a need for civil procedure to resolve ownership disputes.
The courts held that failure to prove actual possession undermines ownership claims, emphasizing the necessity of clear evidence in legal proceedings concerning property rights.
A tenant cannot contest landlord rights while occupying property, and eviction actions can proceed without the property owner as a party.
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