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2004 Supreme(SC) 835

ASHOK BHAN, S.H.KAPADIA
Ramiah – Appellant
Versus
N. Narayana Reddy (Dead) By Lrs. – Respondent


JUDGMENT

Kapadia, J.-Being aggrieved by the judgment and order dated 27th May, 1997 passed by the High Court of Karnataka in R.F.A. No. 412 of 1988, the original plaintiff has come to this Court by this appeal. By the impugned judgment, the High Court has dismissed the suit filed by the plaintiff.

2. The short question which arises for consideration in this appeal by special leave is - whether the plaintiff has proved that he was in possession of the suit land within 12-years of the date of the suit?

3. The facts on which this appeal has arisen are as follows :-

One Bayyanna was owner of the suit land in Survey No. 19/1 admeasuring 3 acres 12 gunthas. The suit land was Inam land. Bayyanna sold the suit land to N. Narayana Reddy (since deceased) father of the respondents herein, vide registered sale deed dated 4.11.1958. N. Narayana Reddy had instituted suit No. 357/60 in the Court of Principal Second Munsiff, Bangalore for recovery of possession based on title and for permanent injunction against the appellant herein on the ground that the appellant was trying to interfere with his possession.

4. The defence of the appellant herein in the above suit was that he had purchased the suit la












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