Case Note & Summary
The appellant, S. Nanjappa, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 16.6.2009 passed in O.S.No.3185/2004 by the XXIV Additional City Civil and Sessions Judge, Bangalore, dismissing his suit for declaration, permanent injunction, and mandatory injunction. The appellant was the plaintiff in the suit. He claimed that he and his two brothers were owners of certain land bequeathed to them by their mother, Thimmakka, under a registered will. They executed a General Power of Attorney on 25.1.1985 in favour of the first defendant, Kendriya Upadhyara Sangha (a society), authorising it to form a housing layout. The society prepared a layout plan identifying site no.160 to be retained by the plaintiff. The plaintiff claimed to be in possession of the site and that the khata was in his name. He issued a notice to the Registrar of Co-operative Societies on 9.12.2002 under Section 125 of the Karnataka Co-operative Societies Act, 1959, seeking to regularize possession. He alleged that the society tried to interfere with his possession by breaking wire fencing, leading him to file a civil suit in O.S.No.3602/2003, which was dismissed. He then filed the present suit. The trial court dismissed the suit. The High Court heard the appeal and found that the plaintiff failed to produce the registered will, the power of attorney, or any document showing his title or possession. The court held that the plaintiff cannot seek a declaration without establishing his own title, and that mere filing of a suit does not prove possession. The appeal was dismissed with no order as to costs.
Headnote
A) Civil Procedure - Burden of Proof - Declaration and Injunction - Plaintiff must prove his title and possession - The plaintiff failed to produce the registered will, power of attorney, or any document showing his title to the suit property. The court held that the plaintiff cannot seek a declaration without establishing his own title. (Paras 2-5) B) Property Law - Possession - Adverse Possession - Plaintiff's claim of possession not supported by evidence - The plaintiff did not produce any revenue records or other documents to show his possession. The court held that mere filing of a suit does not prove possession. (Paras 3-5) C) Co-operative Societies - Section 125 of Karnataka Co-operative Societies Act, 1959 - Notice to Registrar - The plaintiff issued a notice under Section 125 to regularize possession, but this does not confer title or possession. The court held that such notice is not proof of ownership. (Para 4)
Issue of Consideration
Whether the plaintiff is entitled to a declaration that the documents executed by defendant no.1 in favour of defendant no.2 are not binding on him, and for permanent and mandatory injunctions against the defendants.
Final Decision
Appeal dismissed. The judgment and decree of the trial court dated 16.6.2009 in O.S.No.3185/2004 are confirmed. No order as to costs.
Law Points
- Burden of proof
- Possession
- Title
- Declaration
- Injunction
- Specific performance
- Co-operative society
- Power of attorney
