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2012 Supreme(Kar) 1140

B.MANOHAR
K. S. Rajeswari – Appellant
Versus
Muttaiah Since Dead By His Lrs. – Respondent


Advocates:
Advocate Appeared:
Mr. K.V. Jayachandrappa and Venugopal, For the Appellant
Mr. Nagaraj, for Respondents, for the Respondent

JUDGMENT

B. MANOHAR, J.—The appellant is the plaintiff, being aggrieved by the judgment and decree dated 15-3-2005 made in O.S. No. 251/1997 passed by the II Additional Civil Judge (Sr. Dn.), Bangalore Rural District, Bangalore, has filed this appeal.

2. The plaintiff filed a suit seeking for declaration declaring that, she is the absolute owner of the suit schedule property and mandatory injunction of demolishing the existing house constructed3 by the first defendant and also seeking for possession of the suit schedule property. In the plaint it is contended that as per the registered sale deed dated 28-12-1992, she has purchased the vacant site bearing K. No. 13, Katha No. 506 situated at Herohalli, Yeswanthpura Hobli, Bangalore Taluk from the second defendant for a valuable sale consideration. The case of the plaintiff is that the second defendant formed a layout in the land bearing Sy. No. 146, thereafter the Village Panchayat has assigned Khaneshumari number to the sites formed by the second defendant. Accordingly, site No. 13 has been given to the site purchased by the plaintiff, which was measuring East to West 40 feet and North to South 30 feet. After purchasing the land, the






















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