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2002 Supreme(Kar) 68

K.SREEDHAR RAO
VENKATASWAMY – Appellant
Versus
NARAYANA – Respondent


Advocates:
C.R.Lakshmana Murthy, P.B.Raju

K. SREEDHAR RAO, J.

( 1 ) THE appeal arises out of the judgment and decree of the 7th Addl. City Civil Judge, Bangalore passed in O. S. No. 6191/92. The appellant is the plaintiff- filed the suit for mandatory injunction against the defendant 1 to 3 in the suit for their eviction from the suit premises described A and B schedule of the plaint. A schedule property consists of a house property bearing No. 98 khata No. 264/129 of Kodihaili, 16th 'b' Main Road, Indiranagar, Bangalore is a vacant portion of the land adjoining the A schedule property. Defendants No. 1 and 2 are made respondents in this appeal as respondents No. 1 and 2. The 4th defendant was the father of the appellant since dead he is not made a party in this appeal, defendant No. 5 mother is made third respondent in the appeal.

( 2 ) IT was the contention of the plaintiff before the trial Court that the suit schedule property is his exclusive property and out of grace he had allowed the defendants/respondents to reside in the suit schedule house jointly with him. After some time when the plaintiff found it inconvenient to accommodate the defendants No. 1 and 2 he requested them to vacate and get out of the house. Defend
















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