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1985 Supreme(Kar) 369

M.S.PATIL, K.J.SHETTY
STUMPP SCHEDULE AND SOMAPPA PVT. LTD. – Appellant
Versus
S. M. CHANDRAPPA – Respondent


Advocates:
LESLIE DISILVA, PADUBIDARI RAGHAVENDRA RAO, S.RAMASWAMY IYENGAR

JAGANNATHA SHETTY, J.

( 1 ) THIS appeal has been preferred by defendant-1 against the judgment and decree dated June 14, 1972, made in o. S. No. 12 of 1968, on the file of the principal Civil Judge, Bangalore District, bangalore.

( 2 ) BRIEFLY stated the facts are these: a small plot of land measuring 1 acre 13 gumtas in S. No. 139/2 described in the plaint as schedule 'a' is the subject matter of the litigation. It appears to be a valuable piece of land and perhaps the only asset of the plaintiff. It is situated near Koramangala Layout in bangalore City. It lies adjacent to bangalore-Hosur Road, the life-line between Bangalore and Madras. It is located amidst big factories, colleges, hospitals and residential buildings.

( 3 ) THERE is a triangular fight for the suit land. Plaintiff claims to be the owner in possession of that land and he traces his title as follows : dodda Annaiab Reddy and Chikka annaiah Reddy were two of his predecessors. They were brothers. They were members of a Joint Hindu Family. Chikka Annaiah Reddy died leaving behind his son Pillappa. The family owned among other lands, S. No. 139 of koramangala village measuring 8 acres 23 guntas. On March 4, 1920, there






























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