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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V. SRISHANANDA
R. Gurudeva, S/o. Late Rudrappa G. – Appellant
Versus
R. Niranjan S/o. Late Rudrappa – Respondent
| Table of Content |
|---|
| 1. ownership and possession details (Para 2 , 3 , 7 , 9 , 12 , 16) |
| 2. claims of dispossession and property rights (Para 4 , 5 , 10 , 11 , 19 , 20) |
| 3. issues raised for trial (Para 23 , 27 , 39) |
| 4. arguments regarding jurisdiction and ownership (Para 28 , 29 , 36) |
| 5. criteria for unlawful dispossession (Para 93 , 94 , 102) |
| 6. final ruling and dismissal of petition (Para 124) |
ORDER :
V. SRISHANANDA, J.
First defendant in O.S.No.112/2013 on the file of the I Addl. Senior Civil Judge, Chikkamagaluru, is the revision petitioner challenging the judgment dated 10.06.2016 decreeing the suit of the plaintiff.
2. Facts of the case which are utmost necessary for disposal of the present Civil Revision Petition are as under:
Plaintiff and first defendant being the brothers, along with their mother succeeded to the property of late Rudrappa which includes coffee estate called ‘Doopadacool D Estate’ (‘Estate’ for short) situated at Nagenahalli village, measuring 167 acres as per the records. Said property includes several structures including a bungalow morefully described in the schedule to the plaint which is culled out hereunder and hereinafter referred to as ‘suit property’.
“All the pie
A plaintiff can recover possession of immovable property if they prove prior possession and unlawful dispossession, even without establishing ownership under Section 6 of the Specific Relief Act.
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Court confirmed that possession, established without due process, warrants restoration under Section 6 of the Specific Relief Act, irrespective of ownership documents, which do not confer automatic r....
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