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2014 Supreme(Kar) 113

B.S.PATIL
Union of India Represented by the Secy to Govt. of India – Appellant
Versus
Azmathulla Mekhri – Respondent


Advocate Appeared:
For the Appellants: N. Devadas, Sr. Counsel for S. Kalyan Basavaraj, Asst. Solicitor General of India.
For the Respondents:R1 & R2, G.S. Bhat & Assts, Udaya Holla, Advocates.

Judgment

1. This regular First Appeal is filed challenging the judgment and decree dated 06.03.2002 passed by the XVI Additional City Civil & Sessions Judge, Bangalore, decreeing O.S. No. 1357/1982 declaring that the plaintiffs respondents herein were the full and absolute owners of the suit schedule properties and directing the defendants Union of India and the Authorities of the Defence Department - appellants 1 to 4 herein to hand over the actual physical possession of the suit schedule properties to the plaintiffs, along with costs of the suit.

2. The suit schedule properties consists of Sy.No.7 measuring 1 acre 21 guntas, Sy.No.23 measuring 2 acres 4 guntas and Sy.Nos.32 to 36 admeasuring 3 acres 37 guntas, all situated in K.G.Byadarahalli Village, Kasaba Hobli, Bangalore North Taluk which are now part of Bangalore City.

3. The case of the plaintiffs was that the suit properties were part of 'Kayam Gutta' land in Kayam GuiLa Village of Byadarahalli. They were originally granted to one Narayanapillai which were later on transferred to one Ramaswamy. The same were subsequently inherited by Yellappa, son of Ramaswamy. According to the plaintiffs, this was recognized by the then Go














































































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