2018 AIR CC 2153 (KAR) ::2018 (3) AKR 155 ::(2018) 4 CivilCourtC 131 ::(2019) 1 CurCC 164 ::(2018) 3 ICC 945

Karnataka High Court

Hon'ble Judge(s): Krishna S. Dixit , J

(A) Specific Relief Act (47 of 1963) , S.34 Proviso— Suit for declaration - Maintainability - Plaintiff sought for declaration of title along with consequential relief as to wrong mutation entries - However, no injunctive relief sought for as plaintiff was in continue possession - Cannot be said that suit was for mere declaration of title without consequential relief - Suit not hit by proviso to S. 34 - Suit for declaration, maintainable. (Para 13) (B) Civil P.C. (5 of 1908) , S.100— Second appeal - Maintainability - Substantial question of law - Plea of defendant as to GPA of plaintiff not having personal knowledge of material facts of case - Taken into consideration in first as well as in second appeal - GPA himself deposed that he had personal knowledge of material facts of case - Suit founded more on documentary evidence - Substantial question of law involving concurrent findings of fact as to title and possession of plaintiff not arising - Second appeal not maintainable. Specific Relief Act (47 of 1963) , S.34— (Para 17) (C) Limitation Act (36 of 1963) , S.3— Bar of limitation - Essential requirement - Minimum foundational facts have to be pleaded for invocati....