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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
C.M. JOSHI
Rukmavva D/o. Dundappa Talwar – Appellant
Versus
Nagappa S/o. Rayappa Jiddimani – Respondent
JUDGMENT :
C M JOSHI, J.
This appeal arises out of the concurrent findings of the Trial Court and the First Appellate Court in O.S.No.43/1995 dated 22.12.2008 before the learned Civil Judge, Senior Division, Gokak, sitting at Raibag and the learned III Additional District and Session Judge, Belgaum in R.A.No.17/2006 dated 13.07.2007.
2. The parties would be referred to as per their rank before the Trial Court for the sake of convenience.
3. The case of the plaintiff as may be found from her pleadings is that:
i) Defendant Nos.2 and 3 are the sons of the plaintiff and the suit lands are bearing Sy.No.101/1B measuring 1 acre 20 gunthas which is part of Sy.No.100/1 measuring 3 acres 32 gunthas situated at Nipnal Village in Raibag Taluk. The said suit property as well as six other lands belonged to the plaintiff exclusively and they were her self-acquired properties. Defendant Nos.2 and 3 had no title or right in whatsoever manner and that the plaintiff was in possession of the same.
ii) Defendant Nos.2 and 3 were assisting the plaintiff in the cultivation of the lands and the plaintiff used to raise loans from various banks and financial institutions. Defendant No.2 have taken advantage of
A female Hindu's property acquired is exclusively hers; mutation entries do not convey title. Plaintiff's suit was time-barred due to lack of diligence in asserting her rights.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
Ownership of immovable property must be established through valid title documents; revenue records alone do not confer ownership rights.
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....
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
The burden of proof lies on the person asserting a fact until it is discharged, and no party can travel beyond its pleading.
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A marriage is void if either party has a living spouse, affecting property rights under Hindu Law. The cause of action for declaring property rights occurs at the time of infringement or threat of in....
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