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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
C.M.JOSHI
Thimmappa S/o Rachotappa – Appellant
Versus
Basavana Gouda S/o Pompanna – Respondent
JUDGMENT :
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Impugning the judgment dated 30.07.2010 in R.A.No.69/2009 passed by the Additional Civil Judge (Sr.Dn), Hospet, whereby the decree dated 12.08.2009 in O.S.No.98/2007 passed by the Principal Civil Judge (Jr.Dn), Hospet, was reversed and the suit came to be dismissed, the plaintiffs are before this Court in this second appeal.
2. For the sake of convenience, the parties are referred to as per their rank before the Trial Court.
3. The brief facts that are relevant for the purpose of this appeal are as under:
(a) The suit schedule property happens to be 3.53 Acres in Survey No.95/A of Kotaginahal village of Hospet Taluk, having remaining portion of said survey number measuring 3.54 Acres on the eastern side.
(b) The plaintiffs contended that they are the absolute owners of the agricultural land bearing Survey No.95/A measuring 7.07 Acres and it originally belonged to the father of the plaintiffs viz., Rachotappa and they were jointly cultivating the said land and the names of the plaintiffs were entered in the records of rights. The entire Survey No.95/A was joint family property and there was no division even after the death of Rachotappa.
Mere claims of possession without evidence of interference do not justify injunction; possession must be supported by proper legal documentation.
The central legal point established in the judgment is the importance of valid documentation and unchallenged possession in establishing ownership rights, as well as the requirement for legal challen....
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
Injunction—Plaintiff has to succeed his case with his own strength but not on weaknesses of opponent—Possession of plaintiff is to be established.
The judgment establishes that long-standing entries in revenue records create a presumption of title, and that adverse possession can be established through continuous, open, and hostile possession, ....
Possession on the date of filing a suit is essential for granting a permanent injunction; the First Appellate Court findings on possession were upheld as correct.
The party asserting ownership must provide clear evidence of title and possession. Failure to do so resulted in the restoration of the trial court's dismissal of the plaintiffs' claims.
The validity of property grants cannot be dismissed solely based on the date of issuance, emphasizing the presumption of truth in revenue records until proven otherwise.
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