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HIGH COURT OF KARNATAKA
MR JUSTICE SREENIVAS HARISH KUMAR, MR JUSTICE UMESH MADIGA, JJ
CO MATHEWS – Appellant
Versus
M/S SRIVATSA ESTATE PVT LTD – Respondent
Key Points: - The court held that a registered partition deed cannot be altered by an unregistered MOU. (!) (!) - The defendant’s claim of adverse possession was rejected due to lack of continuous, hostile possession and due to admission of plaintiffs’ title. (!) (!) - Plaintiffs proved title through documentary evidence and were declared absolute owners of respective items with possession to be delivered by the defendant. (!) (!) (!) - The suit addresses whether the plaintiffs' titles and possession were proven and whether adverse possession defenses could succeed. (!) (!) - The court allowed reliefs including declaration of title and possession, with a structure for execution and joint petition if needed. (!) (!)
CAV JUDGMENT
(PER: HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR)
By judgment dated 13.07.2016 the Senior Civil Judge at Madikeri decreed the suit declaring the plaintiffs to be the owner of the suit properties and directed the legal representatives of the defendant to hand over possession thereof to the plaintiffs within a month and aggrieved by the same the legal representatives of the defendant have preferred this appeal.
2. The substance of the pleadings is as follows :
Under a partition deed dated 11.09.1984, four persons namely Smt. Acheyamma Oomen, C.O.Mathews, K.T.Mathews and Leelamma Mathews effected partition of the suit properties and other properties that belonged to them. The properties described in ‘B’ and ‘C’ of the partition deed fell to the share of K.T.Mathews and Leelamma Mathews respectively and the property described in schedule ‘A’ of the partition deed was allotted to C.O.Mathews, the defendant. On 12.06.1987 K.T.Mathews and Leelamma Mathews jointly sold the properties that fell to their shares to a partnership firm called M/s Carolina Plantations and put it in possession of the properties. Under three sale dates dated 02.09.1991 Carolina Plantations sold all its pro
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