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Civil Property & InheritanceSupreme Court of India

K.S. Shivappa vs. Smt. K. Neelamma

Not available · 2025 INSC 1195Decided 7 Oct 2025
Not available
Justice Pankaj Mithal · Justice Prasanna B. Varale

Background

Two plots of land were purchased in 1971 in the names of three minor sons of one Rudrappa. Rudrappa, as natural guardian, sold one plot without obtaining the court's permission required for alienating a minor's property. The buyer's line of title eventually passed to K.S. Shivappa in 1989, after the minors (by then adults) and their mother executed a fresh sale deed to him. Smt. B.T. Jayadevamma, an earlier purchaser in the same chain, sued for declaration, possession and injunction, and the Trial Court decreed in her favour, holding the minors could not later ratify or repudiate the situation the way they did; the matter reached the Supreme Court through further appeals involving Neelamma (who claimed under the minors) and Shivappa.

Decision Breakdown

The Supreme Court examined whether the plaintiff (whose case depended on a sale allegedly made by the minors after attaining majority) could succeed without personally entering the witness box to prove her case, relying instead on a power-of-attorney holder's testimony. Citing precedent (including a case where one of the judges on this Bench had earlier sat), the Court held that a power-of-attorney holder cannot testify in place of the principal on matters within the principal's personal knowledge, and a plaintiff's refusal to testify is fatal to her case. The Court also held that the sale deed executed by the father (natural guardian) without court permission was validly repudiated by the minors within time after attaining majority, so no valid title passed to the plaintiff's predecessor. The High Court and First Appellate Court judgments were set aside and the Trial Court's dismissal of the suit was restored.

Lesson Learnt

A person suing to enforce property rights must personally testify on facts within their own knowledge: a power-of-attorney holder cannot substitute for the plaintiff on such matters; also, property sold by a guardian on a minor's behalf without court sanction can be validly repudiated by the minor within a reasonable time after attaining majority.

K.S. Shivappa vs. Smt. K. Neelamma – Legal Case Shots | LegalAware