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1979 Supreme(SC) 411

A.C.GUPTA, P.S.KAILASAM
D. R. Krishnaswamy – Appellant
Versus
Wesleyan Methodist Mission Trust Association – Respondent


JUDGMENT

A. C. GUPTA, J.:— These three appeals arise out of a suit in which the plaintiff, who happens to be the appellant in all these appeals, asks for the following reliefs:

(a) a declaration that he is the owner of the property in suit measuring about 27000 square yards of land in Bangalore city under a Will dated July 9, 1959 executed by one Sripada Rao;

(b) a declaration that the compromise deed dated August 26, 1959 executed by and between Sripada Rao, defendants 1 to 4 and the father of defendants 5 and 6 was null and void and that the real as well as the beneficial interest in the property in suit continued to vest in Sripada Rao;

(c) recovery of possession of the property from the defendants and mesne profits, or

Alternatively, the plaintiff seeks a declaration that the property is liable to attached and sold for the realisation of a sum of Rs.19,850/- decreed in his favour by the Additional Civil Judge, Bangalore in O. S. No. 74 of 1960 upon a promissory note stated to have been executed by Sripada Rao; the suit was brought by the present appellant against the widow and three sons of Sripada Rao.

2-3. The trial court held that the Will set up by the plaintiff was genuine, but














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