2020 (4) AKR 566 ::AIROnline 2020 Kar 433 ::(2021) 1 KCCR 810

Karnataka High Court

Hon'ble Judge(s): S. Sunil Dutt Yadav , J

Specific Relief Act (47 of 1963) , S.34— Suit for declaration of title and possession - Suit property allegedly received by plaintiff in partition - Plaintiff claiming suit property acquired by way of grant in name his brother's daughter - Defendant pleaded that suit property granted to defendant by person who is not same person as claimed by plaintiff i.e his brother's daughter - Plaintiff failed to discharge burden to adduce evidence of his brother's daughter - Plaintiff failed to make out case as caste of original grantee and daughter of plaintiff's brother are different - Grant made to brother's daughter appears doubtful and partition deed suspicious - Plaintiff not entitled to declaration of title. (Para 8 11)