IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ASHOK S.KINAGI
City Municipal Council by its Commissioner Kolar – Appellant
Versus
K. Alnantharaju Dead by His Legal Representatives Smt. Jayamma – Respondent
JUDGMENT :
ASHOK S. KINAGI, J.
1. This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 27.09.2014 passed in R.A.No.82/2013 by the learned II Additional Senior Civil Judge, Kolar.
2. For convenience, the parties are referred to based on their rankings before the trial Court. The appellant was the defendant and the respondent was the plaintiff.
3. Brief facts leading rise to filing of this appeal are as follows.
4. The plaintiff filed a suit against the defendant for permanent injunction. It is the case of plaintiff that plaintiff is the absolute owner and in possession of the suit property measuring East to West- 66 ft; North to South-42 ft and adjoining bit of site measuring East to West - 8 ft and North to South-80 feet, situated at ward No.7, Gulpet, Kolar. It is the case of the plaintiff that the defendant agreed to sell the suit property for consideration of Rs. 1,000/- and the plaintiff agreed to purchase the same for the said consideration. It is contended that the plaintiff owns property the bearing assessment No.667, measuring 80X60 feet towards the eastern side of the suit schedule property, which he had purchased from the defendant thr
Possession of property is protected by law, and a party must be evicted through due process, as established in permanent injunction suits.
Ownership of immovable property cannot be established through an unregistered sale deed, which is inadmissible in evidence under the Indian Registration Act, affirming that possession follows title.
In actions for injunctions, plaintiffs must demonstrate lawful possession and seek a declaration of title when ownership is disputed; failure to do so renders the suit unmaintainable.
A suit for permanent injunction, without seeking a declaration of title, is not maintainable when ownership is disputed; a comprehensive claim is required to address possession and title.
A suit for injunction is not maintainable without a concurrent suit for declaration of title when ownership is disputed, emphasizing the necessity of primary evidence in possession claims.
Possession established through admissions is sufficient for granting permanent injunction against unlawful interference.
The title of a vendor must be established to support a claim of ownership over property, where mere possession is inadequate under property law.
Ownership and possession must be substantiated by evidence, and the defense of possession through a sale agreement requires proof of readiness to perform contract obligations; otherwise, it does not ....
Possession of property is protected under law, and eviction can only occur through due legal process; previous court findings confirmed the plaintiff's rightful possession and the inadequacy of the d....
Unregistered relinquishment deeds cannot establish ownership, and adverse possession claims require clear proof of exclusive possession and continuity which the plaintiff failed to provide.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.