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2026 Supreme(Online)(Kar) 22687
THE HIGH COURT OF KARNATAKA
E.S.Indiresh, J
Gangamma – Appellant
Versus
Puttarevamma – Respondent
RSA No. 1265 of 2016 | RSA No. 1264 of 2016
For the Appellants/Petitioners: Vijayakumar S.C.
For the Respondents: Ravishankar S.
Important Points
Subject
Civil Law - Property Law and Specific Relief
Act Referred
Headnote
(B) Civil Procedure Code, 1908 - Section 100 - Second Appeal - Scope and ambit - High Court cannot interfere with concurrent findings of fact unless finding is perverse or not based on material on record - Where two inferences are possible from a set of circumstances, the one drawn by lower appellate court is binding on High Court. (Paras 21)
Facts of the case:
Plaintiffs filed a suit seeking a declaration that two sale deeds executed by defendants were illegal and not binding, asserting ownership of the property through a previous mortgage and sale deed. Defendants contended that the suit was not maintainable as it sought a negative declaration without seeking the specific relief of recovery of possession. The Trial Court decreed the suit in part by declaring the sale deeds illegal but denying the injunction. The First Appellate Court allowed the defendants' appeal, setting aside the judgment and dismissing the suit entirely.
Findings of Court:
Evidence confirmed that the plaintiffs were not in possession of the suit property at the time of the suit. An admission by the plaintiff's witness in cross-examination corroborated that the defendants were in possession. As the plaintiffs failed to seek the relief of recovery of possession, the suit was deemed not maintainable under the mandatory provisions of Section 34 of the Specific Relief Act.
Issues: Whether the suit for declaration and injunction is maintainable without a prayer for recovery of possession when the plaintiff is out of possession, and whether the Appellate Court erred in interfering with the trial court's findings.
Ratio Decidendi: A suit for declaration and permanent injunction, where the plaintiff is out of possession at the time of filing, is not maintainable if the plaintiff fails to seek the further consequential relief of recovery of possession, as required by the proviso to Section 34 of the Specific Relief Act.
Result: Appeals dismissed.
| Table of Content |
|---|
| 1. background and factual history of the property dispute. (Para 3 , 4 , 5 , 13) |
| 2. arguments concerning maintainability of the declaratory suit. (Para 8 , 9 , 10 , 11 , 12) |
| 3. proviso to section 34 of specific relief act excludes suits for declaration without consequential possession, where the plaintiff is out of possession. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
IN RSA No. 1265/2016
BETWEEN:
1. GANGAMMA
W/O HANUMATHARAYAPPA
AGED ABOUT 55 YEARS.
2. LATHA
D/O HANUMATHARAYAPPA
AGED ABOUT 36 YEARS
3. MANJUNATHA
S/O HANUMATHARAYAPPA
AGED ABOUT 31 YEARS
ALL ARE R/O SHETTYHALLI PALYA
(CHENNIGAYYANAPALYA)
WARD NO.32
TUMKUR CITY - 572101.
…APPELLANTS
(BY SRI. VIJAYAKUMAR S.C., ADVOCATE)
AND:
1. PUTTAREVAMMA
W/O LATE HANUMANTHARAPPA
SINCE DECEASED REP. BY LRS.
RESPONDENTS NO. 2, 3, 5, AND 6.
2. S.H. NAGARAJU
S/O LATE HANUMANTHARAPPA
AGED ABOUT 48 YEARS
3. SAROJAMMA
W/O S.H. NAGARAJ
AGED ABOUT 45 YEARS
4. SOWMYA
D/O S.H. NAGARAJU
SINCE DECEASED REP. BY LRS.
4(a). YASHSWINI
D/O SOWMYA
AGED ABOUT 15 YEARS
4(b). VARUN
S/O SOWMYA
AGED ABOUT 12 YEARS
RESPONDENTS NO.4(a) AND 4(b)
ARE MINORS, REPRESENTED BY
THEIR GUARDIAN RESPONDENT NO.2
S.H. NAGARAJU, S/O LATE HANUMANTHRAPPA
AGED ABOUT 48 YEARS
R/AT SHETTYHALLI
TUMKUR TALUK & DISTRICT - 572 101.
5. MANU
S/O S.H. NAGARAJU
AGED ABOUT 22 YEARS
6. PALLAVI
D/O S.H. NAGARAJU
AGED ABOUT 20 YEARS
ALL ARE R/AT SHETTYHALLI
TUMKUR TALUK & DISTRICT - 572 101.
7. GANGANARASAIAH
S/O LATE NANJUNDAIAH
SINCE DECEASED REP. BY LRS.
7(a). HANUMANTHARAYAPPA
S/O LATE GANGANARASAIAH
AGED : MAJOR
7(b). NARASIMHAMURTHY
S/O LATE GANGANARASAIAH
AGED : MAJOR
7(c). SAROJAMMA
D/O LATE GANGANARASAIAH
AGED : MAJOR
7(d). MAHANTESH
S/O LATE GANGANARASAIAH
AGED : MAJOR
7(e). BHAGYAMMA
W/O LATE GANGANARASAIAH
AGED : MAJOR
RESPONDENTS NO.7(a) TO 7(e)
ARE R/AT VAMAJENAHALLI VILLAGE
KOLALA POST & HOBLI - 572 140
KORATAGERE TALUK
TUMKUR DISTRICT.
8. SMT. G.L. LALITHADEVI
D/O G.C. LAKSHMINARAYANA SWAMY
AGED ABOUT 38 YEARS
APPAGONDANAHALLI
MANNE POST
THYAMAGOUNDLU HOBLI,
NELAMANGALA TALUK,
BANGALORE RURAL DISTRICT.
…RESPONDENTS
(BY SRI. RAVISHANKAR S., ADVOCATE FOR R2 TO R8;
R2 TO R6 ARE LRS OF R1 V/O DATED 30.07.2025.
R4(a) AND R4(b) ARE MINORS REPRESENTED BY R2.)
THIS REGULAR SECOND APPEAL IS FILED UNDER
SECTION 100 OF CODE OF CIVIL PROCEDURE, AGAINST THE
JUDGMENT AND DECREE DATED 29.04.2016 PASSED IN R.A.
NO.25/2016 ON THE FILE OF THE II ADDL. SENIOR CIVIL
JUDGE AND JMFC., TUMAKURU, ALLOWING THE APPEAL AND
SETTING ASIDE THE JUDGMENT AND DECREE DATED
15.12.2015 PASSED IN O.S. NO.987/2008 ON THE FILE OF THE
III ADDL. CIVIL JUDGE AND JMFC., TUMAKURU.
IN RSA NO. 1264/2016:
BETWEEN:
1. GANGAMMA
W/O HANUMATHARAYAPPA
AGED ABOUT 55 YEARS.
2. LATHA
D/O HANUMATHARAYAPPA
AGED ABOUT 36 YEARS
3. MANJUNATHA
S/O HANUMATHARAYAPPA
AGED ABOUT 31 YEARS
ALL ARE R/O SHETTYHALLI PALYA
(CHENNIGAYYANAPALYA)
WARD NO.32
TUMKUR CITY - 572101.
...APPELLANTS
(BY SRI. VIJAYAKUMAR S.C., ADVOCATE)
AND:
1. PUTTAREVAMMA
W/O LATE HANUMANTHARAPPA
SINCE DECEASED REP. BY LRS.
RESPONDENTS NO. 2, 3, 5, AND 6.
2. S.H. NAGARAJU
S/O LATE HANUMANTHARAPPA
AGED ABOUT 48 YEARS
3. SAROJAMMA
W/O S.H. NAGARAJ
AGED ABOUT 45 YEARS
4. SOWMYA
D/O S.H. NAGARAJU
SINCE DECEASED REP. BY LRS.
4(a). YASHSWINI
D/O SOWMYA
AGED ABOUT 15 YEARS
4(b). VARUN
S/O SOWMYA
AGED ABOUT 12 YEARS
RESPONDENTS NO.4(a) AND 4(b)
ARE MINORS, REPRESENTED BY
THEIR GUARDIAN RESPONDENT NO.2
S.H. NAGARAJU, S/O LATE HANUMANTHRAPPA
AGED ABOUT 48 YEARS
R/AT SHETTYHALLI
TUMKUR TALUK & DISTRICT - 572 101.
5. MANU
S/O S.H. NAGARAJU
AGED ABOUT 22 YEARS
6. PALLAVI
D/O S.H. NAGARAJU
AGED ABOUT 20 YEARS
ALL ARE R/AT SHETTYHALLI
TUMKUR TALUK & DISTRICT - 572 101.
7. GANGANARASAIAH
S/O LATE NANJUNDAIAH
SINCE DECEASED REP. BY LRS.
7(a). HANUMANTHARAYAPPA
S/O LATE GANGANARASAIAH
AGED : MAJOR
7(b). NARASIMHAMURTHY
S/O LATE GANGANARASAIAH
AGED : MAJOR
7(c). SAROJAMMA
D/O LATE GANGANARASAIAH
AGED : MAJOR
7(d). MAHANTESH
S/O LATE GANGANARASAIAH
AGED : MAJOR
7(e). BHAGYAMMA
W/O LATE GANGANARASAIAH
AGED : MA
