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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
C.M.JOSHI
Karabasappa S/o. Devendrappa Bajirao – Appellant
Versus
Ramesh S/o. Devendrappa Bilachi – Respondent
JUDGMENT :
(PER: THE HON'BLE MR. JUSTICE C M JOSHI)
Being aggrieved by the judgment in O.S.No.54/1998, which came to be confirmed in R.A.No.41/2011, defendant No.1 approached this Court in second appeal under Section 100 of C.P.C.
2. The factual matrix as is necessary for the purpose of this appeal may be summarized as below:
a) Plaintiff No.1 and defendant No.2 are the sons of plaintiff No.2. The suit property is the Gram Panchayath No.325, old No.280/2 situated at Rattihalli village and these aspects are not in dispute.
b) It is the case of the plaintiffs that earlier the suit property belonged to the husband of plaintiff No.2-Devedrappa. He was owner in possession of the property and he had inherited it from his father Manjoji. Devenrappa died long back and after his death, plaintiff No.1 and defendant No.2 succeeded to the property. Earlier the entire property, including the portion which was sold by plaintiff No.1 and defendant No.2 was bearing the Gram Panchayat No.280. For their family necessity plaintiff No.1 and defendant No.2 sold a portion of the property and retained the other portion, which is given the Gram Panchayat No.280/2 and later it was given a new No.325.
c) It is
Plaintiffs retain ownership and possessory rights over property despite defendant's revenue-backed claims; amendments for possession were timely and did not violate statutes of limitation.
The court affirmed that ownership of immovable property can be established through registered sale deeds and municipal records, and clarified the applicable limitation period for possession claims.
In property disputes, once a plaintiff proves title, the burden shifts to the defendant to establish adverse possession; failure to do so results in the plaintiff's claim being upheld.
A property title can be established through continuous possession and municipal records, even without formal titles, emphasizing the rules of inheritance and evidence in property disputes.
The suit was barred by limitation as the plaintiff had knowledge of a sale deed prior to 1998, failing to file within three years post-knowledge, thus confirming the defendant's title to the property....
Possession must be open, continuous, and adverse to establish adverse possession; failure to prove this invalidates claims of ownership.
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