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2000 Supreme(Kar) 832

R.GURURAJAN
P. S. G. Krishnan – Appellant
Versus
Jyothi Narayan Das – Respondent


Advocates:
Appeal is allowed.
Advocate Appeared:
Mr. S. Shekhar Shetty, Sai Nath, for the Appellant.
Mr. B.S. Shankarnarayan, for the Respondent.

JUDGMENT

R. Gururajan, J.—Plaintiff/Appellant is before this Court in this appeal complaining about the unsustainability of an order of dismissal of IA IX filed by him and complaining about allowing IA No. X subject to certain conditions in the impugned order dated 21.9.2000 on the following facts.

2. Parties will be referred to in this order as per their ranking in the trial Court.

3. Appellant/Plaintiff entered into a lease-cum-sale agreement dated 11.11.1982 with the then BDA in the matter of site bearing No. 97 in block 'B' Koramangala extension. The BDA issued certificate dated 25.8.1985 in terms of lease-cum-sale agreement. Appellant was given a possession certificate by BDA. Appellant has also cleared amounts payable to BDA. His name stands in the record of rights. It is the case of Plaintiff/Appellant that he did not execute any power of attorney or deed in favour of Defendant/Respondents. Defendants 1 to 3 have no right, title or interest in respect of the schedule property. Plaintiff/Appellant sought for a declaration declaring that the sale deed executed on 5.7.1999 by Defendant 1-Sri Jyothi Narayan Das in favour of Sri B.S. Prasanna and Smt. Vandana Prasanna is not binding







































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