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2005 Supreme(Kar) 649

V.GOPALA GOWDA
NANJAMMA – Appellant
Versus
R. T. SUBBEGOWDA – Respondent


( 1 ) SETTLEMENT not reported. Hence, the Court proceeds to deliver the judgment.

( 2 ) THIS appeal is filed against the common judgment and decree dt. 7-6-2001 passed by the first Appellate Court in R. A. Nos. 104 to 106/95. The appeal is restricted only to R. A. No. 104/95.

( 3 ) THE appellant was the plaintiff and respondents were the defendants in the suit before the trial Court. For the sake of convenience, the parties are referred to as per their rank in the trial Court.

( 4 ) THE Plaintiff filed the suit in O. S. No. 205/93 for redemption of the suit schedule properties. The plaintiff borrowed a sum of rs. 700/- from the first defendant/respondent by executing a conditional sale deed dated 11-4-1972 with the condition to redeem the properties after 5 years and before 10 years. Eventhough the plaintiff repeatedly asked the first defendant to receive the amount and execute the discharge deed, the first defendant delayed the matter on one or the other pretext and finally asked the plaintiff to come to the Sub-Registrar's office. According to the plaintiff, at the Sub-Registrar's office the first defendant obtained the LTM of the plaintiff on two stamp papers and assured that











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