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2014 Supreme(Kar) 1013

N.KUMAR
Rajappa – Appellant
Versus
Rajappa – Respondent


Advocates:
Advocate Appeared:
For Appellant : S.N. Aswathanarayana, Adv.
For Respondents: T.E. Srinivasa, Adv. for B.N. Muralidhar, Adv.

ORDER :

N. Kumar, J.

1. The plaintiff has preferred this writ petition challenging the order of the Trial Court admitting an insufficiently stamped document holding that it can be looked into for collateral purpose i.e., for the purpose of contract. The plaintiff has filed a suit against the defendant for recovery of possession claiming that he is the absolute owner of the property in dispute.

2. The defendant filed the written statement contending that the property belonged to one Chikka Venkatesha Bovi who sold the northern half portion to one Somanna and he has purchased the same from Somanna under a registered sale deed 14.06.2006. In the southern half portion there is a stone roofed house measuring 12 x 24 ft. and Somanna was residing in the said house. Subsequently, the said Somanna agreeing to sell the said house in his favour, put him in possession thereof. After Somanna's death, his son Manjunatha and the wife of Chikka Venkatesha Bovi, have also agreed to sell the said property in his favour and he is in actual possession and enjoyment of the same under an agreement of sale.

3. To substantiate his case, the defendant during the course of evidence, has produced an agreement of































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