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2013 Supreme(Kar) 1274

N.KUMAR
BASAYYA SHIVAPUTRAYYA HIREMATH MAJOR – Appellant
Versus
BASAYYA RACHAYYA HIREMATH – Respondent


Advocates:
Advocate Appeared:
G.I. Gachchinamath, for the Appellant
S.J. Puranik, for the Respondent

JUDGMENT

N. KUMAR, J.-These two appeals are preferred by the defendant in the suit challenging the judgment and decree of the Lower Appellate Court, which has declared that the sale deed executed by the plaintiff in favour of the defendant in O.S. No. 229/1990, is fraudulent and consequently setting aside the sale deed.

2. For the purpose of convenience, the parties are referred to as they are referred to in O.S. No. 229/1990.

3. The subject matter of the suit is the land bearing block No. 219 measuring 1 acre 10 guntas assessed at Rs. 2.16 ps at Madanbhavi Village, Dharwad Taluka. The plaintiff is Basayya Rachayya Hiremath. The defendant is Basayya Shivaputraya Hiremath. The case of the plaintiff is, the land of the defendant measuring 2 acre 20 guntas is adjacent to the suit land of plaintiff. After his retirement, the defendant is residing at Madanbhavi Village. In order to acquire the property in the same village, he picked up quarrel in the village. On account of such quarrel with the plaintiff, panchayat was held in the village on 05.02.1990, wherein the elderly persons settled the matter. The defendant not being satisfied with said settlement of the elderly persons, hatched a p






































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