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2004 Supreme(SC) 713

S.B.SINHA, S.H.KAPADIA
CORPORATION OF CITY OF BANGALORE – Appellant
Versus
SYED IQBAL HUSSAIN – Respondent


ORDER

1. This appeal arises out of a judgment and order dated 8-10-1998 passed by a learned Single Judge of the High Court of Karnataka at Bangalore in RSA No. 498 of 1998 allowing the appeal and setting aside the judgment and decree passed by the XVth Additional City Civil Judge, Bangalore who in turn allowed the appeal from a judgment of the Principal Civil Judge, Civil Station, Bangalore, in OS No. 31 of 1974 dated 24-10-1979.

2. The plaintiff-respondent filed the aforementioned suit, inter alia, for a declaration of his title over the suit property as also for a permanent injunction restraining the defendant Corporation from interfering with the plaintiffs possession thereover as also for a mandatory injunction directing the defendant to effect the change of khatha in favour of the plaintiff and for the issuance of licence for putting up constructions on the suit property.

3. The cause of action for the suit arose in the month of February 1974 when the defendant Corporation attempted to interfere with the plaintiffs peaceful possession and enjoyment of the suit schedule property held by him and on subsequent dates although he was the owner of the suit schedule property.

4. The










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