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1987 Supreme(Kar) 271

H.G.BALAKRISHNA, M.S.NESARGI
IMAMBI – Appellant
Versus
KHAJA HUSSAIN AND KHAJASAB – Respondent


NESARGI, J.

( 1 ) IMAMBI, who was plaintiff in O. S. No. 47 of 1967 on the file of the Civil Judge, raichur, has preferred this appeal. Res- pondent-3 defendant-3 Yelgatti Hanu- mappa is the contesting respondent. He died during the pendency of this appeal and his L Rs. have beeh brought on record.

( 2 ) KHAJA Hussain respondent-1 defendant-1 is the husband of the plaintiff. Khajabi respondent-2 defendant-2 is the mother of defendant-1.

( 3 ) THE suit properties are lands survey Nos. 165 and 166 of Anwari village, Lingsugar Taluk, Raichur District, commonly called as Rai Sakruppana Hola.

( 4 ) THE plaintiff prayed for declaration that she is the owner of the suit lands ; that the sale deed dated 28-4- 1966 (Ex. D. 2) executed by defendants 1 and 2 in favour of defendant No. 3 selling these suit lands to defendant-3 is illegal, null, -void and in operative and not binding on her ; and for permanent injunction, restraining the defendants from interfering with her possession of the suit lands.

( 5 ) THE undisputed facts are that the suit lands originally belonged to one biamma w/o Alamsab. Their son was bawasab-husband of defendant-2. Bava- sab predeceased Biamma. Biamma gifted the su

































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