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1987 Supreme(Kar) 64

K.A.SWAMI
TIBBA BOYI @ KARIYA – Appellant
Versus
K. VENKATAPPA – Respondent


Advocates:
M.S.GOPALKRISHNA, M.SHIVA PRASAD

K. A. SWAMI, J.

( 1 ) THIS Second Appeal arises out of the suit O. S. No. 53/1982 on the file of the principal Civil Judge, Mandya, filed by the respondent-plaintiff. The trial court has decreed the suit and the lower appellate court has affirmed it.

( 2 ) SRI M. S. Gopal, learned counsel appearing for the appellants defendants, has raised only one contention namely that having regard to the provisions contained in Section 26 of the Specific reliefs Act and the averments made in the plaint, the declaration of title sought for by the plaintiff ought not to have been granted without there being a relief sought for rectification of the mistake in the documents i. e. , mortgage deed, safe certificate and the records in O. S No. 643 of 1951-52.

( 3 ) IT is not disputed before the courts below that the boundaries mentioned in the mortgage deed Ex. P. 1 and the sale certificate tally with the boundaries of S. No. 99/5 and not with that of s. No. 99/6. On the basis of the evidence on record and the boundaries contained in the relevant documents viz , mortgage deed, the decree passed in 0 S No. 643 of 1951-52, the sale certificate and the continuous possession of the plaintiff of the suit l





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