In property disputes, plaintiffs must establish ownership through authoritative title documents, not solely through revenue records.

ORAL JUDGMENT

This Regular Second Appeal is filed by the appellants challenging the judgment and decree dated 20.10.2012 passed in R.A.No.9/2009 by the learned District Judge at Chickkaballapur.

2. For convenience, the parties are referred to, based on their rankings before the trial Court. The appellants were the plaintiffs, and the respondents were the defendants.

3. Brief facts, leading rise to the filing of this appeal, are as follows:

The plaintiffs filed a suit against the defendants for a declaration to declare that the plaintiffs are the absolute owners of the suit schedule property and for a perpetual injunction restraining the defendants from interfering with a peaceful possession and enjoyment of the suit schedule property.

3.1. The suit schedule property is the ancestral and joint family property of the plaintiffs. It is contended that the property stood in the name of Narayanappa i.e., the father of the plaintiffs and the said Narayanappa and the plaintiffs constituted a joint Hindu family and the said Narayanappa was originally a resident of Sidlaghatta, owned several properties, and subsequently, he shifted his residence to Boodagere Village of Devanahalli Taluk about 20 years back. The plaintiffs and their father continued in possession of the suit schedule property and for that purpose the plaintiffs used to visit Sidlaghatta frequently depending upon the circumstances. The plaintiffs' father passed away on 02.08.1989 leaving behind the plaintiffs' as his legal heirs. It is contended that after the demise of Narayanappa, the plaintiffs succeeded to the suit schedule property, and became the absolute owners of the suit schedule property. It is contended that the defendants are strangers to the family of the plaintiffs. About 2 years ago, defendant No.1 had approached the plaintiffs requesting to sell the suit schedule property in his favour, however the plaintiffs refused to sell the property to him. Defendant No.1 threatened the plaintiffs with dire consequences. Thereafter, when the plaintiffs visited Sidlaghatta, they learnt that defendant Nos.2 and 3 claims to have purchased the suit schedule property from defendant No.1. The plaintiffs made an enquiry and found that defendant No.1 had illegally, and unlawfully executed a registered side deed in favour of defendant Nos.2 and 3 on 17.12.1994 regarding the suit schedule property as if he is the GPA holder of the plaintiffs' father Narayanappa. It is contended that Narayanappa never executed any GPA in favour of defendant No.1 at any point of time. It is contended that Narayanappa died on 02.08.1989 and the defendant No.1 fabricated the general power of attorney dated 26.03.1994 by impersonating the deceased Narayanappa. Defendant No.1 had no right to execute a registered sale deed in favour of defendant Nos.2 and 3 on 17.12.1994. Defendant Nos.2 and 3 did not acquire any right, title or interest under the registered sale deed dated 17.12.1994 over the suit schedule property. It is contended that the defendants have denied the title of the plaintiffs over the suit schedule property, and made an attempt to trespass into the suit schedule property. The plaintiffs requested the defendants not to interfere with the peaceful possession and enjoyment of the suit schedule property, however the defendants did not give any heed to the request made by the plaintiffs. Hence, a cause of action arose for the plaintiffs to file a suit for a declaration of title and for a permanent injunction. Accordingly, prays to decree the suit.

3.2. The defendants filed a written statement denying the averments made in the plaint and also denied that the plaintiffs are the absolute owners and in possession of the suit's scheduled property. It is contended that the suit schedule property originally belonged to B.Narayanappa. Narayanappa is not the father of the plaintiffs. The plaintiffs are 'Thigalas' by caste and the name of Narayanappa S/o Byrappa shown in the revenue records is "Golla' by c