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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAJESH RAI K.
Kanthappa Gowda, Deceased By His Lrs.- Venkamma @ Sundari, (W/o. Late Sri Kanthappa Gowda) – Appellant
Versus
Kunhamma @ Kamala, W/o. Kanthappa Gowda – Respondent
JUDGMENT :
RAJESH RAI K., J.
1. This is defendants' second appeal.
2. The plaintiff has filed a suit for declaration to declare that she is the absolute owner of the suit schedule property which is delivered in her favour by the original defendant (Kanthappa Gowda) in view of bilateral agreement dated 31.03.1993 as permanent alimony and consequently, for permanent prohibitory injunction restraining the defendant, his men, servants, or any other persons claiming through him from trespassing into the possession and enjoyment of the suit schedule property by the plaintiff.
3. It is the case of the plaintiff that the defendant entered into second marriage with the plaintiff since he had no male issues from his first wife and at the time of marriage, the defendant was aged about 60 years. After marriage, they both lived together for a period of 10 months along with the first wife. Later, the defendant at the instance of first wife started to harass the plaintiff. As such, the plaintiff demanded him to provide permanent alimony for her livelihood. Hence, vide agreement dated 31.03.1993 (EX.P2), the defendant agreed to settle the suit schedule property in favour of the plaintiff as there was
Property transferred for permanent alimony grants female absolute ownership, reinforcing the presumption of marriage from cohabitation, not barred by res judicata.
The main legal point established in the judgment is that a plaintiff cannot claim injunction against the true owner without lawful possession and title.
The judgment establishes the importance of proving property rights and titles, the limitations of permissive possession, and the applicability of Section 14(1) of the Hindu Succession Act.
Sec. 14 of the Hindu Succession Act provides that any property possessed by a female Hindu becomes her absolute property, regardless of how it was acquired.
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