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1997 Supreme(Kar) 564

MOHAMED ANWAR
M. S. BALIGA (SINCE, DECEASED BY LRS) – Appellant
Versus
MANGALORE CITY CORPORATION – Respondent


Advocates:
B.P.HOLLA, SUDHAKAR PAI

MOHAMED ANWAR, J.

( 1 ) THIS is plaintiff's revision directed against trial Court's judgment and decree dated 4-11-87 passed dismissing his suit filed under Sec. 6 of the Specific Relief Act, 1963 ('the Act' for short) in O. S. No. 16/82, on the ground of Res-judicata. Respondent Nos. 1 to 3 were defendants 1 to 3 in the said suit.

( 2 ) THE parties hereto are referred to according to their respective position in the suit.

( 3 ) THE undisputed facts leading to this revision are as stated as under :the immoveable property in plaint 'a' schedule consisted of 8' open taxi shed which constitute a continous compact open structure with pillars and roof with wall and even flooring'; and 'the rooms situated in the bus-stand at Hampamakatta in the vicinity of the schedule A property' which is show in plaint B schedule. The same belonged to the defendant the-then Mangalore town Municipality which was converted and established into defendant No. 1, 'mangalore City Corporation" in the year 1980 under the Provisions of the Karnataka Municipalities Corporation Act, 1976 ('the Corporation Act' for short ). The said property is, therefore, the 'public premises' within the meaning of Sec. 2 (e) of t




























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