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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
R. DEVDAS, B. MURALIDHARA PAI
Khatalsab S/O. Bapusaheb Kadabi – Appellant
Versus
Mallikarjun Dev Trust, Bailhongal, Represented By Its Charman – Respondent
| Table of Content |
|---|
| 1. final order and procedural directives to trial court. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 14) |
| 2. arguments regarding ownership and necessary parties. (Para 8 , 9 , 10 , 11 , 12) |
| 3. court's rationale for remanding the case. (Para 13) |
JUDGMENT :
R. DEVDAS, J.
Delay of 70 days in filing the appeal in RFA No.100080/2025 stands condoned.
2. These two Regular First Appeals arise out of the judgment and decree passed in O.S.No.69/2013 on the file of the learned Senior Civil Judge, Bailhongal. Therefore, the appeals were clubbed, heard together and are being disposed of by this common order.
3. For the sake of convenience, the parties shall be referred to in terms of their ranking before the trial court.
4. The plaintiff-Shri Mallikarjun Dev Trust, Bailhongal along with its Trustees filed a suit for recovery of possession of the property bearing R.S.No.116 of Bailhongal Town (corresponding CTS No.128 now CTS Nos.114 to 128) measuring 2 acres 36 guntas; for award of compensation of Rs.15,00,000/-; future compensation of Rs.1,00,000/- p.m. and also for mesne profits of Rs.1,00,000/- from the defendant-TMC, Bailhongal. Earlier when the suit was dismissed, the Trust filed RFA No.10027
The necessity of joining all parties with legitimate claims in property suits is crucial, as improper representation can affect the validity of ownership determinations.
Trustees of public charitable trusts do not require Charity Commissioner consent to file suits for recovering possession from trespassers, affirming their inherent rights as legal owners.
Ownership claims require substantial evidence to be upheld; courts usually defer to prior findings unless compelling reasons dictate otherwise.
Ownership claims based on revenue records require substantiated evidence; mere entries do not confer title. Courts upheld prior judgments confirming plaintiffs' rights to the property.
The main legal point established in the judgment is that the Civil Court had no jurisdiction to entertain the suit as the properties were registered as Trust property under the Bombay Public Trust Ac....
Consent from the Charity Commissioner is required for lawsuits involving public trust properties, asserting the need for statutory compliance in such matters.
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