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1982 Supreme(Kar) 171

N.D.VENKATESH
MALLAWWA – Appellant
Versus
BALAPPA – Respondent


Advocates:
B.V.DESHPANDE, Murlidhar Rao, S.G.KULKARNI

N. D. VENKATESH, J.

( 1 ) THIS second appeal has arisen out of a common judgment dated 28-8-75 in r. A. Nos. 96 and 111 of 1974 on the file of the Civil Judge, Rajchur. Those two appeals had been preferred by the respondent and appellant herein respectively in that court against the judgment dated 31. 8. 74 of the Munsiff kustagi, in O. S. No. 47 of 1972 on his file.

( 2 ) APPELLANT, Mallawwa, was the plaintiff, and respondent, Balappa, was the defendant in the said suit.

( 3 ) IN the suit she had filed Mallavva had claimed the following three reliefs in respect of 8 acres 26 guntas of agricultural land comprised in Sy. No. 11/2 of Village Timmanahatti, Kushtagi taluk: (i) a declaration of her title; (ii) a permanent injunction against the defendant not to interfere with her possession and enjoyment of the said land; and (iii) a direction to the authority concerned to bring her name as the owner of that land in the record of rights maintained under the Land revenue Act cancelling the name of the defendant shown therein as against this number as the kathedar.

( 4 ) HER case was and continues to be that her husband Kalakappa Hunakunti was the owner and in possession of this land till
















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