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1981 Supreme(Kar) 341

G.N.SABHAHIT
SRIKANTACHAR – Appellant
Versus
SIDDALINGAPPA – Respondent


Advocates:
D.R.RAJASHEKHARAPPA, T.R.SUBBANNA, VENKATACHALAPATHY

G. N. SABHAHIT, J.

( 1 ) THIS appeal by the plaintiff is directed against the judgment and decree, dated 14-4-1975, passed by the Prl. Civil Judge, mysore, in RA No. 2/74, on his file, dismissing the appeal on confirming the judgment and decree, dated 31-10 1973, passed by the Munsiff, Nanjangud, in OS no. 356/1971, on his file dismissing the suit of the plaintiff for possession. Plaintiff instituted the suit for declaration that he is the owner in possession of the 14 guntas of land mentioned in the plaint schedule and for recovery of the same. He averred that land S. No. 280 of badanavalu village in Nanjangud taluk, measuring 4 acres 30 guntas including 'phut Kharab' of 0 2 guntas, originally belonged to one Sidda, son of Kundumana doddasidda and his wife Madi and they were in possession of the same. They sold the southern 3 acres to the plaintiff for Rs. 300 under a registered sale deed dated 5 12-1932, as per Ex. P 5, and put him in possession. The remaining 1 acre 28 guntas on the northern side was mortgaged by the above said two persons, on 2-11-1937, to one Gulam Hyder and was subsequently sold to the defendant. Plaintiff mortgaged 3 acres of land with possession and got the












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