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2016 Supreme(Kar) 475

N.KUMAR, B.MANOHAR
U. Vijaya Kumar – Appellant
Versus
Malini V. Rao – Respondent


Advocates Appeared:
For the Appellant : Sri. R Udayashankar Rai
For the Respondent: Sri. S. Vivekananda

JUDGMENT :

This is the defendants' regular first appeal challenging the judgment and decree dated 24.02.2012 in O.S.No.2405/2010 passed by the XII Addl. City Civil Judge, Bangalore, decreeing the plaintiff's suit by declaring that the sale-deed dated 17.2.2009 in respect of 'B' schedule property, executed by the 1st defendant as the GPA holder of M/s. Tex X International in favour of the 2nd defendant is null and void and not binding on the plaintiff etc. and for damages at the rate of Rs.50,000/- p.m.

2. For the sake of convenience, the parties are referred as per their original rank before the trial court.

3. The subject matter of the suit is 'B' schedule property measuring 12070 Sq. feet forming the western portion of 'A' schedule property, an industrial shed measuring 2074 Sq. meters.

4. The plaintiff's case is that she is the proprietress of M/s. Tex X International, Bangalore: Karnataka Industrial Area Development Board (for short 'KIADB') allotted and sold 'A' schedule property in favour of the said Firm under registered sale-deed dated 04.05.1995. The 1st defendant is her brother and the 2nd defendant is his wife. When the 1st defendant lost his job and was unemployed for nearl










































































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