Ancestral Land Battle Won: High Court Upholds Son's Claim.
Generational land disputes can be a source of immense emotional and legal turmoil. A recent case decided by the Karnataka High Court exemplifies this. The case involved a son fighting to retain possession of land inherited from his father, facing a challenge from an adopted son claiming ownership as part of a larger ancestral property.
The son, identified as the legal heir of Gangasiddaiah, presented a sale deed (Ex.P8) from 1970 proving his father's purchase of the disputed land. He argued that he had been cultivating the land and was therefore in rightful possession.
However, the adopted son of another villager, Hallappa, challenged this claim. He argued that the land belonged to a larger property granted to a group of beneficiaries, including his adoptive father, Huchcha. He presented documents like a Vyavastapatra (Ex.D1) and a Will to prove ownership of a portion of the land, which he believed included the disputed area.
The trial court initially ruled in favor of the son, granting him a permanent injunction against the adopted son. This decision was based on the presumed ownership arising from the 30-year-old sale deed and evidence of the son's possession.
The first appellate court, however, overturned this decision. They ruled that the son failed to prove possession and that the disputed land belonged to the adopted son's claimed 3-acre area.
The son then filed a second appeal, arguing that the first appellate court had misinterpreted the evidence and ignored the presumption arising from the sale deed. The High Court agreed with these arguments.
After reviewing the sale deed, revenue records, and the adopted son's admission of the son's partial possession, the High Court restored the trial court's judgment. They found that the son had presented sufficient evidence to establish his claim.
This decision brings an end to the dispute and ensures that the son retains possession of the land inherited from his father.
Indian Evidence Act, 1872 Code of Civil Procedure, 1908