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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
C.M.JOSHI
Abhimannu, S/o. Revansiddappa, (Died) By L.RS.- Shantabai, (W/o. Late Abhimannu) – Appellant
Versus
Gayatri, D/o. B. Baburao – Respondent
JUDGMENT :
The LRs of the defendant No.1 in O.S.No.102/2001 are before this Court in second appeal challenging the divergent finding of the first appellate Court in R.A.No.4/2011 dated 24.01.2013 whereby the suit came to be decreed are before this Court.
2. The parties would be referred to as per their rank before the Trial Court for the sake of convenience.
3. The factual matrix of the case is as below:
The Ratnabai wife of Hanmanth Rao had nine daughters. Plaintiff is daughter of the ninth daughter of Ratnabai. The defendant No.1/appellant is the son of Subhadrabai, who is fifth daughter of Ratnabai. Subhadrabai is defendant No.2 in the suit. The suit schedule property, which is the house bearing No.1-7-5 and 3 (old number), 1-7-4 (new number) situated at Purana Bazar Yadgir was standing in the name of Ratnabai. She executed a registered sale deed in favour of the grand father of the plaintiff, Bidarkar Ramachandra Rao on 15.11.1969 for a sum of Rs.3,000/-. Plaintiff contend that Ramachandra Rao was in possession and enjoyment of the said property as absolute owner and his name was recorded in the municipal record and after his death, the name of the plaintiff is appearing in the mun
A property title can be established through continuous possession and municipal records, even without formal titles, emphasizing the rules of inheritance and evidence in property disputes.
The court affirmed that ownership of immovable property can be established through registered sale deeds and municipal records, and clarified the applicable limitation period for possession claims.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
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.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
The court affirmed that a plaintiff must establish title through evidence, and prior possession alone does not suffice without proof of title.
In property disputes, plaintiffs must establish ownership through authoritative title documents, not solely through revenue records.
Ownership of property by female Hindus is absolute under Section 14 of the Hindu Succession Act, irrespective of financing sources, and establishing adverse possession requires clear evidence of host....
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