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2000 Supreme(Kar) 138

S.R.VENKATESHA MURTHY
B. S. VENKATACHALAPATHY SHETTY – Appellant
Versus
C. J. PANDURANGA SETTY – Respondent


Advocates:
G.S.VISHVESHVARA, H.S.RAMA RAO, S.N.RAJENDRA

VENKATESHA MURTHY, J.

( 1 ) DISMISSAL of an Execution Case No. 366 of 1994 by the XIX additional City Civil Judge, Bangalore, is challenged by the Legal representatives of the deceased decree holder in this Revision.

( 2 ) FACTS necessary for disposal of this revision are as follows: the deceased Decree Holder had instituted O. S. No. 578 of 1983 on the file of the City Civil Court, Bangalore for declaration of title and for possession of the plaint schedule shop in Raja Market, bangalore, against the defendant (now Judgement Debtor) who is none other plaintiff's brother-in-law. The defendant denied plaintiff's (decree-holder's) case and asserted that he was the real owner of the property having purchased the property in the name of the plaintiff and that alternatively he had perfected his title by adverse possession. The Trial Court dismissed the suit. Plaintiff filed an appeal to this Court in RFA 660 of 1988. This Court by its Judgment dated 15. 11. 1993, came to the conclusion that the defence of purchase of the property benami by the defendant was untenable by reason of benami Transactions (prohibition) Act and that the plea of adverse possessions, being contrary to the plea o






















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