Shri.Ravikiran Shivappa Tonne v. Shri.Ravikumar Sambhaji Gidda
Case brief
What is this about?
Declaration of title suit dismissed; double sale / earlier-purchaser claim fails for want of identity of the property: plaintiff's sale deed omits plot No.52 and bears differing boundaries versus Ex.P-2; ownership established by boundary identification and chain of registered sale deeds (Ex.P-2, Ex.P-5, Ex.P-6, Ex.P-7) vesting plot No.52, TMC No.2086, R.S.No.638/3 Raibag in defendant No.4. Keywords: Regular First Appeal, Section 96 CPC, Senior Civil Judge JMFC Raibag, O.S.No.5/2016, fraudulent resale, preponderance of probabilities, re-appreciation of evidence, no perversity, Karnataka High Court Dharwad Bench, Justice Hanchate Sanjeevkumar, decided 04.02.2025, RFA No.100535/2018.
What did the court decide?
The plaintiff has failed to prove that he became owner of plot No.52, the suit schedule property; the boundaries shown in the suit schedule match Ex.P-2, the sale deed by which defendant No.1 purchased plot No.52.