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2005 Supreme(SC) 1651

ASHOK BHAN, A.K.MATHUR
Huvappa Irappa Ballari – Appellant
Versus
Basava – Respondent


JUDGMENT :

Ashok Bhan, J.

Plaintiffs-respondents, (hereinafter referred to as "the respondents") are the owners of the suit property, i.e., CTS No. 2871/C situated in Ranebennur Town in District Haveri. They filed Civil Suit being O.S. No. 33/95 for declaration of title, possession and mesne- profits in respect of the suit schedule property (for short "the suit property"). According to the respondents, defendant-appellant (hereinafter referred to as "the appellant") was put in possession of the suit property as a licensee; that the appellant had started claiming himself to be the owner of the suit property; that as the appellant failed to vacate the suit premises in spite of termination of licence, the present suit for declaration of title, possession and mesne profits was filed.

2. The appellant filed his written statement inter alia contending that he was in possession of the suit property in pursuance to the agreement of sale executed in his favour by Mahadevappa Neelakanthappa Airani, younger brother of the respondent in the year 1977. That out of the total sale consideration of Rs. 2000/-, a sum of Rs. 1,800/- had already been paid. That he was ready and willing to pay the balanc

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