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2001 Supreme(SC) 1596

D.P.MOHAPATRA, DORAISWAMY RAJU
Madhegowda – Appellant
Versus
Ankegowda – Respondent


JUDGMENT

D.P. Mohapatra, J.-One Ninge Gowda was the original owner of the property in dispute. He died leaving two daughters namely Smt. Sakamma, respondent No. 10 herein, and Smt. Madamma, respondent No. 11 herein. When Smt. Sakamma was a minor, her sister Smt. Madamma purportedly acting as her guardian, sold her share of the property left by Ninge Gowda to Madhogowda, appellant herein by a registered Sale Deed dated 24.4.1961. It is the case of the appellant that the share of the minor Smt. Sakamma was sold to collect funds for her marriage. The appellant was put in possession of the property and he continues in possession of the same till date.

2. Smt. Sakamma attained majority sometime in 1961-62. She sold her share of the property to Ankegowda, predecessor of respondent Nos.1 to 9 herein, by the registered Sale Deed dated 1.7.1967. Since there was a dispute regarding possession of the property, Ankegowda initiated a proceeding under Section 145 of the Criminal Procedure Code before the Sub-Divisional Magistrate, Srirangapatna which was registered as Criminal Misc.7/67-68. In the said proceeding, the learned Magistrate held that the appellant was in possession of the property o














































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