Sri. B. M. Chandraiah v. Sri. Ramesh Kumar Pattar
Case brief
What is this about?
Permanent injunction suit; proof of possession and identity of scheduled property through sale deed, encumbrance certificate, B-katha extract and tax paid receipts despite absence of approved layout plan; presumption that possession follows title unless rebutted; second appeal under Section 100 CPC refused admission for want of substantial question of law; defendants' evidence discarded by memo and taken as no evidence; admission of plaintiffs' possession in cross-examination; Bengaluru Rural District trial and first appellate courts; Ramegowda v. M. Varadappa Naidu (ILR 2006 KAR 1047 SC) relied on; Anantula Sudhakar (Apex Court) referred.
What did the court decide?
In a suit for injunction, the Court has to take note of whether the plaintiff is in possession of the property as on the date of filing of the suit; the settled law presumes that possession goes with title unless rebutted.