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2003 Supreme(Kar) 673

BASAWANAPPA – Appellant
Versus
NANA RAO – Respondent


( 1 ) THE appeal filed against the judgment and decree passed in RA No. 34/88 on the file Additional Civil Judge, Gulbarga arising out of the judgment and decree passed in O. S. No. 23/82 on the file of Principal Munsiff, Aland. The appellant is the plaintiff filed a suit for declaration of title in respect of suit schedule lands and for possession and mesne profits. The plaintiff claims that the suit schedule land measuring 6 acres out of total extent of 10 acres in Sy. No. 33 is purchased under a sale deed executed by the mother of the first defendant as a minor guardian. The defendants 2 and 3 are the purchasers of the remaining extent of 4 acres of land in survey No. 33 it is in no way connected with the disputed property claimed by the plaintiff. On the strength of the registered sale deed the plaintiff claims that he came into possession of the land and continued till the year 1982 when he came to be illegally dispossessed by the plaintiff. Within a couple of years, the suit is filed for declaration of title. The first defendant is the only contesting party, contends that the sale made by his mother during his minority is not binding and it is not for any legal necessity or b















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