HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM, J
LAKSHMAIAH – Appellant
Versus
RANGAPPA, DEAD BY LRS. – Respondent
| Table of Content |
|---|
| 1. the appellate court reversed trial findings on ownership. (Para 1 , 2) |
| 2. claims to the property were based on ancestral ownership. (Para 3 , 4) |
| 3. evidence evaluated for rightful ownership and adverse claims. (Para 5 , 7 , 9) |
| 4. principles of adverse possession clarified. (Para 10 , 11) |
JUDGMENT
1. The captioned second appeal is filed by unsuccessful defendant who has questioned divergent findings of the Courts below, wherein plaintiffs' suit for declaration and possession over the suit land, though dismissed by the Trial Court is reversed by the Appellate Court and thereby, plaintiffs are held to be the owners of the property and defendant is directed to hand over possession. The divergent findings are under challenge at the instance of the defendant.
2. For the sake of brevity, the parties are referred as they are ranked before the Trial Court.
3. Plaintiffs have instituted the present suit by claiming that suit land is an ancestral property. Plaintiffs have specifically pleaded that defendant is not related to them and that they have been cultivating 1/2 portion of the property since eight years. Plaintiffs further pleaded that the defendant had assured them that he
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