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2012 Supreme(Kar) 506

N.KUMAR
Doddashamanna – Appellant
Versus
G. Venkateshappa – Respondent


Advocates Appeared:
For the Appellant:M/s. Almt legal, Advocate.
For the Respondents:R1 & R2, G. Balakrishna Shastry, Advocate.

Judgment :-

1. This is a defendant's appeal against the judgment and decree of the trial Court which has decreed the suit of the plaintiffs for declaration and for permanent injunction.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit. 3

3. The subject matter of the suit is land situated in Sy. No. 9 at Bachenahalli, Mandikal Hobli, Chickballapur Taluk, measuring 4 acres 14 guntas bounded on the East by Muddappagari Venkatarayappa's land; West by Lands of B.N.Narayanaswamy and Venkatappa; North by Narasimhaiah's land and South by Halla and Narayanappa's land, which is hereinafter for short referred to as 'the suit land'.

4. The 2nd plaintiff is the paternal uncle of the 1st plaintiff. Suit property absolutely belongs to them. Their case is they are in peaceful possession and enjoyment of the property, raising crops thereon and have been paying the land revenue due on the land. The land was granted to Venkatarayappa, the grandfather of the 1st plaintiff under Darkast in ADR 6/50-51 under saguvali chit dated 28.3.1951. From that day the suit property is in peaceful possession and enjoyment of the family of the plaintiffs. Th
























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