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1982 Supreme(Kar) 127

G.N.SABHAHIT
C. MANIKYAM – Appellant
Versus
R. THIMMIAH – Respondent


Advocates:
K.SUBBA RAO, S.V.NARANIMHAN

G. N. SABHAHIT, J.

( 1 ) THIS appeal by the plaintiff is directed against the judgment and decree dated 9 1-1975 passed by the Civil Judge, Bangalore city, in RA No. 158/73 on his file, dismissing the appeal of the plaintiff on confirming the judgment and decree dated 10-7-1973, passed by the I Addl. I Munsiff, bangalore in OS No. 887/1969 on his file, dismissing the suit instituted by the plaintiff for declaration of bis title and for possession of the schedule property.

( 2 ) SY. NO. 8 of Ranganathapur according to the plaintiff belonged to K. Shanmugam and the members of his family. Raghavappa and Chengalarayappa purchased the said survey number under a sale deed dt. 1 8 1955. They formed several sites and site Nos. 17 and 18 were purchased by one Manikya Mudaiiar son of Narayanaswamy mudaliar from them, under a registered sale deed dt. 20 7 1957. Manikya mudaiiar paid conversion charges in respect of site No. 17 on 23 7-1957. Thereafter the plaintiff purchased and constructed a shed on it and orally leased it to defendant on a monthly rent of Rs. 10. The defendant was in arrears of rent from 1-9-1965. The plaintiff filed an eviction petition against him on the grounds of arrears













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