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2010 Supreme(Kar) 244

S.ABDUL NAZEER
S. V. Revanaradhya – Appellant
Versus
Jagadish Mallikarjunaiah Chakrabhavi – Respondent


Advocates Appeared:
For the Petitioners:K. Giridhar, Advocate.
For the Respondent:S. Rajendra, Advocate.

Judgment :-

This appeal is directed against the judgment and decree in O.S.No.4387/2005 dated 21.8.2009 on the file of the 44th Additional City Civil and Sessions Judge, Bangalore. The appellant was the defendant in the suit and the respondent was the plaintiff. For the sake of convenience, the parties are referred to by their respective ranking before the trial Court.

2. The plaintiff filed the above suit for ejectment of the defendant from the suit schedule property and for certain other reliefs. It is the case of the plaintiff that he is employed at United State of America. As such, he has executed a power of attorney dated 4.2.2004 in favour of his father C.M.Mallikarjunaiah. Acting on the said power of attorney, C.M.Mallikarjunaiah purchased the suit schedule property from the defendant, for and on behalf of the plaintiff by a deed of sale dated 20.7.2004. On the same day, the plaintiff took the possession of the suit schedule property through his attorney. On 30.07.2004, Bangalore Mahanagara Palike transferred the Katha of the property in his favour. The defendant requested the plaintiff to lease the suit schedule property for a short duration. Therefore, the plaintiff represe























































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