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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
| Table of Content |
|---|
| 1. ownership and alimony established through agreement (Para 1 , 2 , 3 , 4) |
| 2. defendant's arguments against plaintiff's claim (Para 5 , 10 , 11 , 12 , 13 , 14) |
| 3. court's initial rulings on ownership claims (Para 6 , 7 , 8 , 9) |
| 4. substantial questions of law regarding res judicata and alimony (Para 16 , 18 , 19 , 20) |
| 5. legal presumption of marriage and maintenance claims (Para 21 , 22 , 23) |
| 6. criteria for ownership under hindu succession act and alimony (Para 24 , 25 , 26 , 27) |
| 7. final ruling on the appeal dismissal (Para 28) |
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 marriag
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.
In injunction suits, the plaintiff must establish possession and title; revenue records are not conclusive proof of ownership.
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