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1959 Supreme(Kar) 56

AHMED ALI KHAN
BHIMANGOUDA – Appellant
Versus
SANGAPPA IRAPPA PATIL – Respondent


( 1 ) THESE are two connected second appeals directed against the judgment and decrees of the district Judge. Bijapur dated 23rd December 1954 in Civil appeal Nos. 204 of 1953 and 156 of 1953 disallowing the appeals and confirming the judgment and decrees dated 6-4-1953 of the civil Judge, Junior Division, Muddebihal in Original Suit Nos. 323 of 1950 and 147 of 1950 respectively on the file of that Court.

( 2 ) THE plaintiff in the original suits is the appellant before us in both the second appeals. The facts material for the disposal of these second appeals may be briefly stated as follows: bhimangouda alias Bhimshappa Patil filed a suit bearing No. O. S. 190 of 1947 in the Court of the Civil Judge, Junior Division, Muddebihal against the first defendant Sangappa Irappa Patil and his genitive father Gadigeppa for accounts under S. 15-D of the Dekkhan Agriculturists relief Act claiming himself to be the adoptive son of Bhimshappa Patil. He alleged that his adoptive mother Ningawa alienated the suit properties on 28-1-1934 in favour of the first defendant Sangappa Irappa Patil by executing a sale deed in his favour. But the transaction evidenced by the sale deed was in the nature


































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