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2013 Supreme(SC) 128

S.S.NIJJAR, M.Y.EQBAL
Lakshmi alias Bhagyalakshmi – Appellant
Versus
E. Jayaram (D) by Lr. – Respondent


Judgment :-

M.Y. Eqbal, J.

Leave granted.

2. This appeal is directed against the order dated 29.08.2005 passed by a single Judge of the Karnataka High Court in M.F.A. No. 524 of 2003, whereby the Learned Single Judge set aside the order passed by the VII Addl. City Civil Judge, Bangalore and held that defendant-respondent is entitled to initiate action for ejectment of the plaintiff-appellants from the suit property.

3. The facts of the case lie in a narrow compass.

4. The plaintiffs who are the present appellants filed a suit for permanent injunction restraining the defendant-respondents from interfering with their peaceful possession and enjoyment of the suit property. The plaintiff-appellants case was that Plaintiff No.1 is the absolute owner of the suit property consisting of a building which was purchased from Defendant No.1 on a consideration of Rs.6,000/- However, sale deed could not be registered as the registration was suspended by the Government and the defendant-respondents could not get clearance from the Urban Land Ceiling Authority. The plaintiff-appellant’s further case was that although the sale deed was not registered, the entire sale consideration was paid to Defendant










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