9911796707
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Issues:
1. Interpretation of sale deed and cancellation endorsement. 2. Determination of possession rights and adverse possession. 3. Validity of possession as usufructuary mortgagee. 4. Minor's capacity to alter possession character. 5. Requirement for remand and fresh inquiry. Analysis: The judgment involves an appeal against the High Court's decision affirming the dismissal of a suit seeking recovery of properties. The dispute revolves around the sale of lands, cancellation of sale deed, possession rights, adverse possession, and the plaintiff's attainment of majority within the limitation period. The primary issues include the interpretation of the sale deed, the effect of the cancellation endorsement, and the possession rights of the parties. The District Munsiff initially decreed the suit, emphasizing the unregistered cancellation endorsement's ineffectiveness to transfer title. However, the Additional District Court and subsequently the High Court ruled against the plaintiff, stating that the suit was time-barred as it was filed more than three years after the plaintiff's majority. The appellant contested these findings, particularly regarding possession rights and adverse possession claims. The appellant argued that the first defendant, who claimed adverse possession, was initially a manager of the family properties and could not acquire title without surrendering possession. However, the High Court found no evidence supporting the appellant's claim that the first defendant acted as a manager. The appellant's failure to provide sufficient evidence shifted the burden of proof, leading to a dismissal of this argument. Further, the respondent contended that the first defendant's possession stemmed from a usufructuary mortgage in 1916, not as a family manager. The court acknowledged this argument and highlighted that the suit, initially for ejectment, should have been for redemption due to the mortgage. The respondent claimed adverse possession since 1923, supported by a subsequent sale deed. The court agreed that a change in possession character under an agreement could lead to adverse possession. However, a crucial point arose regarding the minor status of Rajanna during the cancellation of the sale deed. As a minor cannot consent to alter possession character, the court remanded the case for a fresh inquiry to determine Rajanna's status at that time. The court directed the plaintiff to amend the suit to seek redemption of the mortgage, with the outcome dependent on Rajanna's minority or majority status during the cancellation. In conclusion, the judgment remanded the case for further examination to ascertain Rajanna's status at the critical time, crucial for determining adverse possession and the plaintiff's right to redeem the mortgage.
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