AIR 2012 KARNATAKA 24 ::2012 AIR CC 90 (KAR) ::2011 (4) AIR Kant HCR 808

Karnataka High Court

Hon'ble Judge(s): N. K. Patil, Arali Nagaraj , JJ

Specific Relief Act (47 of 1963) , S.34— Suit for declaration of title and recovery of possession - Plaintiff claiming that he purchased entire property under registered sale deed for valid consideration alleging trespass by defendants - Whereas defendant claiming his possession of 40 years over portion of property under sale deed - Sufficient oral and documentary evidence produced by plaintiff proving his title and possession over suit property since date of purchase - None of documents produced by defendant legally to prove his title over property - Defendant not denied specific allegation of trespass made against him - Defendant miserably failed to establish that suit property was portion of his property - Plaintiff entitled for declaration of title and recovery of possession. (Para 13 14 16 17 18 21) .....