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2005 Supreme(Kar) 555

V.G.SABHAHIT
TIPPANNA – Appellant
Versus
JALAL SAB – Respondent


Advocates:
Jayavittal Rao Kolar, N.S.Sanjay Gowda

( 1 ) THIS appeal by the second plaintiff is directed against the judgment and decree passed by the Court of Civil Judge (Senior Division), Yadgir, in R. A. No. 69 of 1997, dated 7-3-2003 reversing the judgment and decree passed by the Court of Civil Judge (Junior Division), Shahapur in o. S. No. 126 of 1989, dated 30-8-1997 and dismissing the suit of the second plaintiff.

( 2 ) THE essential facts of the case leading upto this appeal with reference to the rank of the parties before the Trial Court are as follows.- plaintiffs I and 2 filed the suit O. S. No. 26 of 1988 later numbered as o. S. No. 126 of 1989 on the file of the Civil Judge (Junior Division), yadgir seeking for a judgment and decree declaring that plaintiffs are the owners of the suit schedule land and for possession of the suit schedule property by dispossessing the defendants and for mesne profits and costs.

( 3 ) IT is averred in the plaint that plaintiff 1 is the absolute owner in possession of the land shown in the schedule which she inherited after the death of her father. The property is inherited from maternal side by plaintiff 1. Plaintiff 1 is aged and blind and taking the support of her husband's brother T












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