Regular First Appeal (DEC/POS) by the defendants against the judgment and decree dated 21.01.2022 of the X Additional City Civil and Sessions Judge, Bengaluru (CCH-26) in O.S.No.7157/2012, whereby the plaintiff was declared absolute owner under registered sale deed Ex.P4 dated 26.09.2008 and directed to be given vacant possession, the injunction relief having been dismissed. Held, dismissing the appeal and confirming the decree: (i) in a suit for declaration of title the burden lies on the plaintiff to succeed on the strength of its own title, irrespective of the weakness of the defendants' case (Vasavi Cooperative Housing Society, (2014) 2 SCC 269, paras 15-20, followed); (ii) the plaintiff discharged that burden through Exs.P1-P23, purchasing Site No.11 from surviving co-owner K. Thangavelu and Smt. Vijaya (wife of deceased co-owner K. Kadiravelu), with Anandakumar (son of Kadiravelu) and former GPA holder Lakshmamma as consenting witnesses; non-joinder of the heirs of co-owner Shanmugam does not invalidate Ex.P4, the right to complain of non-joinder vesting exclusively in the non-joining heirs and not in strangers; (iii) the defendants claimed under sale deed Ex.D2 dated 29.07.2008 executed by their mother as GPA holder under Ex.D3 (GPA dated 16.12.1983) of three joint owners; two principals had died before Ex.D2 (death certificates Exs.P6, P7); GPA authority ceases on death unless coupled with interest, which Ex.D3 was not; Ex.D2 is therefore void ab initio and the defendants' possession cannot override the plaintiff's title; (iv) the present suit is the due process contemplated by the earlier decree in O.S. No.7591/2008, which had held the defendants' possession to be only settled possession; (v) M.S. Ananthamurthy (Civil Appeal Nos.3266-3267/2025) followed on compulsory registration and the invalidity of GPA-sale transactions; SK. Golam Lalchand distinguished as an inter se co-owners case.
