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1991 Supreme(Kar) 284

D.P.HIREMATH
SANGAPPA SADAPPA BHAVARI – Appellant
Versus
GOURAVVA W/O SADAPPA CHABARI – Respondent


Advocates:
N.A.MANDAGI, S.K.Joshi

D. P. HIREMATH, J.

( 1 ) THE appellant herein was the plaintiff in the original suit which he has filed against his mother defendant No. 1 and alienees of some of the suit properties. The plaintiff was adopted by defendant No. 1 on 21-1-1941. The adoptive family is possessed of substantial number of agricultural lands and houses. Some of the properties viz. S. Nos. 365/4b, 394/4b, 405/4b, 557/4b and part of 363/4b were sold away by the plaintiff, whereas defendant No. 1 leased the same to Kalloleppa. Though at one stage it was the case of defendant No. 1 that V. P. C. 557 and 600/1 (B) and (C) was mortgaged in the year 1946 to defendant No. 7, later defendant No. 1 herself did not support this mortgage. Similarly, sale in favour of defendants 3 to 5 of V. P. C. Nos. 557 and 600 was not adhered to by her. V. P. C. 559 and four lands have now remained with the family. Thus, by alienation by the plaintiff of the properties aforesaid and lease of the same properties by the defendant No. 1, these properties are no longer in possession of the family of plaintiff and defendant No. 1. Kallolappa the purchaser from the plaintiff died in the year 1946 leaving behind his widow defendant No. 4











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