Property acquired by members of a family living in joint possession, where contributions are provided by all members, is deemed joint family property. Admissions made before statutory authorities regarding such joint ownership are binding, and the burden of proving individual title rests on the person alleging exclusive ownership.

CAV JUDGMENT

(PER: THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI)

The legal representatives of Defendant No.1 in O.S.No.224/1997 on the file of learned II Additional Senior Civil Judge, Dharwad have maintained this appeal praying to set aside the judgment and decree dated 19.09.2016 passed therein in the interest of justice and equity.

2. Parties to this appeal are hereinafter referred with their original ranking before the trial court.

3. Brief facts leading to this appeal are as under:

i) The plaintiff namely Sri Vasant Bhimarao Kamat instituted the suit in O.S.No.224/1997 praying to declare his ownership over the scheduled property by holding that the sale deeds executed, by Defendant No.4 as GPA holder of Defendant No.1 in favour of Defendant Nos.5 to 9, 11 to 18, 22 and 23; by Defendant No.9 in favour of Defendant Nos.10, 19 and 20; and by Defendant No.10 in favour of Defendant No.21 as illegal, void and not binding on him. The plaintiff also sought for mandatory injunction directing Defendant Nos.5 to 23 to demolish the buildings constructed by them in the schedule property and to give vacant possession of the respective portions and for permanent injunction restraining the defendants from interfering with his peaceful possession and enjoyment over the schedule property.

ii) The case of the plaintiff is that he had purchased the property i.e., the non-agricultural land bearing CTS No.11A/1D measuring 3 acres situated in Dharwad city under a sale deed dated 05.10.1967, out of his own income and he was in possession and enjoyment of the said property as absolute owner thereof by getting mutation in his name in CTS record. Out of the said extent of 3 acres, he sold 22½ guntas of land under sale deeds dated 28.03.1968, 03.06.1985 and 11.06.1994 and the remaining extent of 2 acres 15 guntas of land therein came to be renumbered as CTS No.11A/1D/A1A1. After coming into force of the Urban Land Ceiling Act, 1976 (in short, ‘the ULC Act’), he filed a declaration on 27.09.1976 in LUCR No.4107 before the Special Deputy Commissioner, Dharwad, giving the names of his family comprising of himself, his wife Smt.Shobha, two minor sons namely Master Arun and Master Ajay and two minor daughters namely Kum.Suman and Kum.Hema. As he was residing and serving as a High School Teacher at Naregal of Ron Taluk, he executed a GPA in favour of Defendant No.4, who is his sister's son, to look after the proceeding before the Special Deputy Commissioner, Dharwad. Later, it was informed by Defendant No.4 that the authority under the ULC Act has passed an order holding that the plaintiff is entitled to retain an extent of 4500 square meters of land and remaining land is required to be surrendered to the Government. Later on, the Defendant No.1 and Sri Richard in collusion with Defendant No.4 made an application on 17.10.1994 before the Assistant Director of Land Records, praying to mutate their names in CTS record by claiming that they are entitled for 1500 square meters of land each in the schedule property. On receiving notice on such application, he submitted his objection through registered post on 17.11.1994, but the ADLR refused to consider the said objection on the ground that it was not received within the time and ordered to enter the names of all the three persons i.e., the plaintiff, Defendant No.1 and Sri Richard in CTS record. Though he challenged the said order before DDLR as well as before this Court in W.P No.25751/1995 and Writ Appeal No.24