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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
M.G.S.KAMAL
Hanumanthraya Gudel, S/o. Bheemaraya – Appellant
Versus
Fathima Begum, W/o. Mohd. Hasanuddin – Respondent
JUDGMENT :
M.G.S. KAMAL, J.
This appeal is by the appellants/defendants No.1 and 2 being aggrieved by the judgment and decree dated 19.06.2017 passed in O.S.No.14/2014 on the file of the Civil Judge, Deodurga (hereinafter referred to as ‘the Trial Court’ for short), by which the suit of the plaintiff was decreed restraining the defendants from interfering with the construction of the house being carried on by the plaintiff over the suit schedule property, which is confirmed by the judgment and order passed by the Senior Civil Judge & JMFC at Deodurga (hereinafter referred to as ‘the First Appellate Court’ for short) in R.A.No.4/2017 dated 30.11.2018.
2. The property subject matter of the suit is house property bearing No.2-2-40/1A measuring 15ft x 20ft situated at Tilak Mohalla, which comes under Deodurga Muncipality limits, Taluka Deodurga, Dist.Raichur, bounded on:
East : Open space and way
West : House of Mohammad Hasanuddin
North : House of Hanumantharaya
South : Lane and Doddi of Venkoba Rao (hereinafter referred to as ‘the suit schedule property’ for short)
3. Plaintiff claims his ownership and possession over the suit property on the basis of a sanction made by the Municipality, Deo
Possession backed by municipal sanction and compliance establishes ownership rights, qualifying for protection against interference.
In property disputes involving conflicting claims, the court must evaluate the evidence presented to determine the balance of convenience and the necessity for a trial to resolve ownership issues.
Possession established through admissions is sufficient for granting permanent injunction against unlawful interference.
Concurrent findings established that ownership rests with the plaintiff based on a valid title deed while the defendant's claims of property ownership and legality of construction were unsupported.
The plaintiff must prove ownership outside any acquired land, and shifting the burden to the defendant is legally erroneous.
The judgment emphasizes the importance of documentary evidence in establishing possession and entitlement to property, and the burden of proof on the party contesting such claims.
The court affirmed that a plaintiff with established possession is entitled to a permanent injunction against interference, supported by valid ownership documentation.
Trespassers cannot obtain an injunction against true owners without proving identifiable rights in the property.
The appellate court exceeded its jurisdiction by modifying injunction terms without a title claim being made in the original suit.
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