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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
E.S.INDIRESH
K.H. Eshwarappa, S/o. Late Hanumanthappa – Appellant
Versus
Rathnamma, W/o. Late Onkarappa – Respondent
JUDGMENT :
1. This appeal is preferred by the plaintiff challenging the judgment and decree dated 21.12.2023 in R.A. No.27/2020 on the file of III Additional Senior Civil Judge and JMFC at Davangere, allowing the appeal and setting aside the judgment and decree dated 20.01.2020 in O.S No.702/2012 on the file of the Principal Civil Judge, Davangere decreeing the suit of the plaintiff.
2. For the sake of convenience, the parties shall be referred to as per their status before the Trial Court.
3. It is the case of the plaintiff that the suit schedule property was allotted to the father of the plaintiff-Hanumantappa by Anagodu Gram Panchayat and grant certificate was issued on 01.03.1999. After the demise of his father, plaintiff is in possession of the suit property and the defendants without any semblance of right over the property in question are interfering with the suit schedule property and as such, the plaintiff has filed suit in O.S. No.702/2012 seeking relief of permanent injunction against the defendants.
4. After service of notice, the defendants entered appearance and filed detailed written statement disputing the ownership of the suit schedule property in the written statement
Injunction suits are unsuitable if the title to the property is disputed, requiring a suit for declaration instead.
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 appellate court erroneously determined property identity and possession, failing to consider admissions supporting plaintiffs' claims, leading to the restoration of the trial court's decree.
A suit for permanent injunction, without seeking a declaration of title, is not maintainable when ownership is disputed; a comprehensive claim is required to address possession and title.
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