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1990 Supreme(Kar) 443

N.D.V.BHATT
SMT. MALLAMMA – Appellant
Versus
B. S. VENKATARAM (SINCE DECEASED BY L. RS. ) AND OTHERS. . . – Respondent


Advocates:
Janardhan, K.S.RAMESH, MOHANDAS N.HEADE, PADUBIDARI RAGHAVENDRA RAO

K. A. SWAMI, J.

( 1 ) ). This appeal is preferred againstthe Judgment and decree dated 14-2-1990 passed by the 5th additional City Civil Judge, Bangalore in O. S. no. 1908/1983.

( 2 ) THE appellant is the second defendant in the suit Sri B. S. Venkataram who was the sole plaintiff in the suit died during the pendency of the suit, therefore, respondents l (i) to l (vii) were brought on record in the trial court as plaintiffs 1 to 7. Respondent 2 is the first defendant in the suit. the first defendant and second defendant are the husband and wife.

( 3 ) AT the stage of admission, the records of the appeal are received. therefore, the appeal is admitted and it is heard for final disposal on the request of both the sides.

( 4 ) SRI B. S. Venkataram filed the aforesaid suit for a declaration that the defendant 'kambaiah' has no right to/over the schedule premises and has no right to occupy the same and also a decree for possession by ejectment of Kambaiah requiring him to physically move out and assure full vacant possession of the schedule property to the plaintiff. he also further prayed for enquiry into the mesne profits and for payment of the same from the date of suit till the date




















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