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1983 Supreme(Kar) 65

G.N.SABHAHIT
RAMAKRTSHNA GANAPAYYA – Appellant
Versus
LAKSHMINARAYANA TIMMAYYA – Respondent


Advocates:
M.Rama Bhat, T.S.RAMACHANDRA RAO

G. N. SABHAHIT, J.

( 1 ) ). This appeal by the defendant is directed against the judgment and decree dt. 25. 11. 1982 passed by the Civil Judge sirsi, in R. A. No. 22 of 1982, on his file, dismissing the appeal, on confirming the judgment and decree dt. 20. 4. 1982 passed by the Prl. Munsiff, Sirsi, in os. No. 58 of 1978, on his file, decreeing the suit of the plaintiff as prayed for.

( 2 ) PLAINTIFF instituted a suit against defendant for a declaration that the documents dt. 20. 3. 1978 got prepared by the defendant through the Revenue authorities are illegal and void and, as such, they are not binding on him, with consequential relief of perpetual injunction restraining defendant from interfering with his possession over the suit property. According to plaintiff he was granted 1 acre and 20 guntas of land on 14. 8. 1968 by the tahsildar of Sirsi and he was in possession of the same ever since that date. Defendant had also prayed for the gran; of that land. Defendant, being aggrieved by the said grant of land in favour of plaintiff, went up in appeal before the Asst. Commissioner, Sirsi and the Asst. Commissioner, by his order dt. 31. 12. 1968, set aside the grant in favour of the




























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