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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
E.S.INDIRESH
Hasimsab, S/o. Goususab Kirawadi – Appellant
Versus
Abdulkhadarsab, S/o. Madarsab Mattekhanavar, Sicne Deceased By His Lrs.- Smt. Fatimabi, (W/o. Abdulkhadarsab) – Respondent
JUDGMENT :
E.S. INDIRESH, J.
This appeal is preferred by the plaintiffs challenging the judgment and decree dated 07.03.2014 in R.A.No.32/2012 on the file of the Senior Civil Judge, Hanagal (for short “the First Appellate Court”, setting aside the judgment and the decree dated 16.10.2012 in O.S.No.99/2008 on the file of the Civil Judge and JMFC, Hanagal (for short “the Trial Court”), decreeing the suit of the plaintiffs.
2. For the sake of convenience, the parties are referred to as per their rank before the Trial Court.
3. It is the case of the plaintiffs that the suit schedule property was belonged to their father-Goususab Kirawadi, and the father of the plaintiffs had permitted the father of the defendants to reside in the suit schedule property on permissive basis and as the father of the plaintiff died long ago and as such the plaintiffs made claim for the suit schedule property, however, the same was denied by the defendants. It is the case of the plaintiffs that the suit schedule property is ancestral property of the plaintiffs and the defendants have illegally entered their names in the occupants column in respect of the suit schedule property and as such, the plaintiffs have
In property suits, plaintiffs must present definitive documentation of title; tax records are insufficient for establishing ownership.
Declarations of ownership cannot be granted based solely on revenue documents; proper title documents are required to establish ownership.
Title Declaratory Suit – It is duty of plaintiffs to produce document of title and Civil Court cannot grant declaration on the basis of revenue records.
In property disputes, a plaintiff must provide clear evidence of lawful possession and ownership, especially when the title is contested; failure to do so may result in dismissal of claims for injunc....
The burden of establishing title over ancestral property lies with the plaintiff, and the non-framing of specific issues regarding title does not render the decree unsustainable when parties were awa....
Revenue records do not confer title over property and cannot solely support a claim for ownership without proper title documents.
In title suits, the burden of proof lies on the plaintiffs to establish their title, even if defendants do not contest; mere possession is insufficient for a declaration of title.
The First Appellate Court erred in reversing the Trial Court's decree, failing to consider res-judicata and the finality of previous judgments regarding property ownership.
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