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1981 Supreme(Kar) 127

K.S.PUTTASWAMY
KALLAIAH K. – Appellant
Versus
NINGEGOWDA – Respondent


Advocates:
B.N.DAYANAND, G.S.VISHVESHVARA

K. S. PUTTASWAMY, J.

( 1 ) THIS appeal is by the plaintiff and is directed against the judgment and decree dated 30-8-78 of the civil judge, Hassan, in R. A. No. 3 of 1977, affirming the judgment and decree dated 10-11-1976 of the Munsiff, channarayapatna, in O. S. No. 206 of 1971.

( 2 ) PRIOR to 29-6-60 the plaintiff was the owner of land bearing Sy. No. 70/2a of Kaggere village, Nuggehally hobli. Channarapatna Taluk, measuring 2 acres 15 guntas out of which an extent of 0-01 gunta was a 'kharab' land. On 29-6-60 the plaintiff executed a registered sale deed in favour of the defendant purporting to convey the said land to the latter for a consideration of Rs. 200 (Exhibit-P1 ). On the same day, the defendant also executed an agreement to reconvey the said land (Exhibit-P2) to the plaintiff within 18 months from that day. On 18-7-63, the defendant reconveyed an extent of 1 acre 15 guntas including the kharab out of the aforesaid land to one Sri K. Visweswaraiah, a son of the plaintiff (Exhibit-P3)

( 3 ) THE plaintiff alleged that under another agreement of the same date (Exhibit-P2 (d) the defendant agreed to reconvey the remaining extent of 1 acre also to him on his paying the balan

































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