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2015 Supreme(Kar) 791

S.ABDUL NAZEER
Wasim Ur Rehaman – Appellant
Versus
State of Karnataka – Respondent


Advocates Appeared:
For the Appellant :D.S. Joshi, Advocate
For the Respondents:Y.D. Harsha, Additional Government Advocate

ORDER :

S. Abdul Nazeer, J.

1. The petitioner contends that he is the purchaser of a site bearing No. 32 carved out of Sy. No. 58 of Nagarabhavi Village, Yeshwanthapura Hobli, Bangalore North Taluk, measuring East to West 40 ft. and North to South 44 ft. from Malla alias Mallaiah represented by his general power of attorney holder K. Nanjegowda under a deed of sale at Annexure-A, dated 10-6-1989. It appears that Malla alias Mallaiah represented by his general power of attorney holder C.R. Chandra sold the said site under a deed of sale dated 7-7-2006 in favour of the third respondent. Therefore, the petitioner filed a suit O.S. No. 6754 of 2007 on the file of the Additional City Civil Court, Bangalore City for a declaration that the sale deed dated 7-7-2006 is not binding on him. The suit was dismissed on 10-12-2009. The petitioner challenged the decree by filing an appeal in RFA No. 219 of 2010 before this Court. This Court allowed the appeal and set aside the judgment and decree by declaring that the right, if any, claimed by defendants 1 to 8, 9 and 11 in the suit (L.Rs. of Malla alias Mallaiah) in respect of the property in question based on the sale deed dated 7-7-2006 is not bi












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