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2008 Supreme(Kar) 723

N.KUMAR
Baswanthrao since deceased by his LRs – Appellant
Versus
Rajkumar – Respondent


Advocates appeared
Sri Shankarrao Shetkar, Advocate for Appellants; Sri Vikram G. Allipur, Advocate for Respondent;

JUDGMENT

Kumar, J

This is a defendant's regular first appeal against the judgment and decree of the trial Court which has decreed the suit of the plaintiff and granted the relief of declaration that the plaintiff has perfected his title by adverse possession.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. The subject matter of the suit is land bearing Sy. No. 26 measuring 22 acres, land bearing Sy. No. 27 measuring 2 acres 4 guntas and land bearing Sy. No. 27/Malai measuring I acre 31 guntas situated at Village Kouta, Aurad Taluk in Bidar District. The case of the plaintiff is that the defendant who owns 500 acres of land in different villages including the suit land, for family necessity sold the suit land in favour of the grandfather of the plaintiff, namely Appa Rao during the year 1972 for a consideration ofRs.65,000/-. The defendant is a close relative of the plaintiff and his grand father Apparao and therefore, no written document regarding the sale transaction was entered into. However, from Ugadi, in the year 1972 the plaintiff's grandfather Appa Rao is in possession of the suit land. In his capacity as a purc

































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