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2006 Supreme(Kar) 587

MOHAN M.SHANTANAGOUDAR
G. KUSUMA DEVI – Appellant
Versus
GOWRAMMA – Respondent


Advocates appeared:-
Sri M.P. Eswarappa, Senior Counsel for Sri A. Kumarvel, Advocate for Appellant;
Sri S.R. Krishna Kumar for Sri S.V. Raghavachar, Advocate for Respondents.

JUDGMENT

Assailing the correctness of the judgment and decree dated 16-7-2001 passed by the II Additional District and Sessions Judge, Bangalore Rural District, Bangalore in R.A. No.7 of 1995 by which the judgment and decree of dismissal of suit dated 14-12-1994 passed by the Principal Civil Judge, Bangalore Rural District, Bangalore in O.S. No. 12 of 1992 is reversed, the defendant has preferred this second appeal.

2. Heard the learned Advocates appearing on behalf of both sides and perused the material on record. For the sake of convenience, the parties are referred to as per their ranks before the Trial Court.

3. Brief facts of the case are:

The plaintiffs-respondents herein filed suit for ejectment against the defendant-appellant herein in respect of A Schedule property and also for mandatory injunction against the defendant to remove the unauthorised construction put up on B Schedule property and for delivery of vacant possession of the suit schedule property.

It is the case of the plaintiffs that they executed an unregistered lease deed in favour of defendant on 1-8-1986 leasing the suit property measuring 150' x 150' in Sy. Nos. 38/2 and 46/2 of Chikkabidarakallu Village of Dasan

































































































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