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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
V.SRISHANANDA
Udaya kumar, S/o. Perumal Muttu – Appellant
Versus
Sarojamma, W/o. Late R.Abbaiah Reddy – Respondent
| Table of Content |
|---|
| 1. hearing and consent of parties (Para 1 , 2) |
| 2. plaintiff's revision petition details (Para 3 , 4) |
| 3. summary of suit and dispossession (Para 5 , 6 , 10) |
| 4. trial court's findings and observations (Para 8 , 14 , 20) |
| 5. appellant's arguments for revision (Para 11 , 12) |
| 6. understanding section 6 of the specific relief act (Para 15 , 16) |
| 7. final order of dismissal and available remedies (Para 21 , 22) |
ORDER :
V. SRISHANANDA, J.
1. The matter is taken up for disposal with the consent of the parties, though it is listed for Orders.
2. Heard Ms.Aditi, Advocate for Sri Sampath A, learned counsel for the revision petitioner and Sri M.B.Ravi Kumar, learned counsel for the respondent Nos.1 to 4.
3. Unsuccessful plaintiff is the revision petitioner whose suit in O.S No.2148/2006 on the file of the XLIV Additional City Civil and Sessions Judge, Bengaluru, filed under Section 6 of the Specific Relief Act came to be dismissed.
4. Validity of the said judgment of dismissal of the suit is called in question in this revision petition.
5. Facts in the nutshell which are utmost necessary for disposal of the present petition are as under:
Revision Petitioner/plaintiff filed a suit contending t
Plaintiff must prove prior possession within six months of dispossession under Section 6 of Specific Relief Act; mere claims without credible evidence of personal knowledge are insufficient.
The court ruled that a suit under Section 6 of the Specific Relief Act requires proof of dispossession within six months, and the limitation period begins from the date of dispossession, not from the....
In a suit under Section 6 of the Specific Relief Act, the focus is solely on possession and dispossession, not on title, and plaintiffs must prove they were in possession within six months prior to f....
In Section 6 Specific Relief Act suit, plaintiff must prove settled possession on exact dispossession date against specific defence of third-party prior occupation; trial court's perverse ignorance o....
Under Section 6 of the Specific Relief Act, courts can only adjudicate possession issues and not title disputes in cases of dispossession within six months.
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