Unrebutted registered sale deed established title and entitled the plaintiff to recover possession.

The plaintiff claimed ownership of the suit property under a registered sale deed executed in her favour by her husband, who acted as the general power of attorney holder of Hanumaiah, the original owner.

She alleged that the defendants were in permissive possession and sought vacant possession after they refused to leave.

The defendants disputed the general power of attorney and sale deed, and asserted ownership based on a Will.

The trial court dismissed the suit, finding that the plaintiff had not established title.

The plaintiff appealed under Section 96 CPC.

1. Whether the plaintiff proved that she owned the suit property and was entitled to recover possession from the defendants.

2. Whether the trial court’s judgment and decree required interference.

The appeal was brought under Section 96 of the Code of Civil Procedure.

Sections 63 of the Indian Succession Act and 68 of the Indian Evidence Act are mentioned as provisions considered by the trial court in assessing the defendants’ Will, but the High Court’s decision does not turn on a separate application of those provisions.

The High Court found that the plaintiff relied on the registered sale deed and evidence that the general power of attorney had been executed by Hanumaiah in favour of her husband.

It held that the certified copy of Hanumaiah’s written statement in an earlier suit did not prove that no such power of attorney had been executed.

The court also noted that the defendants had produced no evidence establishing their ownership.

On that record, it concluded that the plaintiff had acquired title under the sale deed and was entitled to possession, and that the trial court’s contrary decision was perverse and contrary to the evidence.

The High Court allowed the appeal, and set aside the trial court’s judgment and decree.

It directed the defendants to vacate and deliver vacant possession of the suit property to the plaintiff within nine months, with no order as to costs.