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2026 Supreme(Online)(Kar) 7249

THE HIGH COURT OF KARNATAKA
ASHOK S.KINAGI, J
SMT GULAB D/O GHOUSE SAB – Appellant
Versus
SRI C H DODDAIAH S/O LATE HONNADASAPPA KUMAR – Respondent


Advocates:
For the Appellants/Petitioners: SRI. VARAPRASAD K
For the Respondents: SRI. G S PATIL

Table of Content
1. facts leading to the filing of the appeal. (Para 2 , 3 , 6 , 10)
2. arguments presented by both parties regarding ownership and evidence. (Para 12 , 13)
3. court's observation on evidence and legal principles governing property disputes. (Para 14 , 15 , 19 , 22)
4. court's ratio regarding the necessity of establishing ownership. (Para 20 , 21)
5. final judgment restoring the trial court's decision. (Para 28)

ORAL JUDGMENT

The appellant filed this appeal challenging the judgment and decree dated 07.08.2014 passed in RA No. 14 of 2010 by the learned Senior Civil Judge at Gubbi (‘First Appellate Court’ for short).

2. For convenience, the parties are referred to based on their rankings before the Trial Court, OS No.289/1997 on the file of the learned Principal Civil Judge, Gubbi.. The appellant was the defendant and the respondent was the plaintiff.

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

3.1. The plaintiff filed a suit for declaration, possession and recovery of arrears of rent. It is the case of the plaintiff that the suit schedule property was granted in favour of the brother of the plaintiff by name Krishnappa by Mandal Panchayath, Chelur.

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