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2011 Supreme(Kar) 1047

MOHAN M.SHANTANAGOUDAR, K.GOVINDARAJULU
Parvathi Ammal – Appellant
Versus
M. Dhana Paul – Respondent


Advocates:
Advocate Appeared:
Mr. Nagananda, Sr. Counsel for Just Law Associates, for the Appellants, for the Appellant
Mr. Nanjunda Reddy, Sr. Counsel for Prithvi Wadeyar, For the Respondent

JUDGMENT

MOHAN SHANTANAGOUDAR, J.—The original defendants l(a) and l(b), (later treated as defendants 2 and 3) in O.S. No. 15523/2002 on the file of XVIII Addl. City Civil Court, Mayohall, Bangalore, have filed this appeal against the judgment and decree passed in the said suit on 20th of December 2005.

For the sake of convenience, the parties are referred to as per their respective ranks before the trial Court,

2. The case of the plaintiff (respondent herein) is that, Late Mr. P.T. Perumal (original defendant) was the absolute owner of the residential property bearing New No. 4 (Old No. 6), Madhava Mudaftar Street, Ulsoor, Bangalore-08, measuring East to West 32f and North to South 45', more fully described in the suit schedule. The suit property consists of old building comprising of four tenements. Mr. Perumal acquired the said property through registered Sale Deed dated 28tn December 1987. The defendant desired to sell the suit property, hence he represented to the plaintiff that in order to meet his domestic and other legal necessities, he intended to sell the suit property for consideration of Rs. 13 lakhs. The plaintiff agreed to purchase the same for the said consideration. Ac


















































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