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2017 Supreme(Kar) 486

SREENIVAS HARISH KUMAR
ASHOK S/O CHINNAPPA METAGUD – Appellant
Versus
ANNAPURNA W/O GURUPUTRAYYA CHIKKAMATH – Respondent


Advocates Appeared:
For the Appellant :SRI. SACHIN S. MAGADUM, ADVOCATE.
For the Respondents: SRI. R.M. HIREMATH & SRI HARISH S. MAIGUR ADV., SRI DINESH M. KULKARNI, ADV.

JUDGMENT :

Interwoven transactions have led to examine the application of Section 43 of Transfer of Property Act (for short, “T.P. Act”) with respect to a sale transaction dated 14.08.1985.

2. This appeal has arisen out of judgment in Final Decree Proceedings No.05/2003 on the file of Senior Civil Judge, Bailahongal. The background may be briefly stated as follows:-

02 acres 26 guntas of land and another small piece of land to the extent of 389 3/9 square yards in Survey No.443 of Bailahongal earlier belonged to one Channaveerappa Chanabassappa Jawali. On 01.09.1895 he leased out only 2 acres 26 guntas of land to Bailahongal Cotton Pressing Company Ltd., under a registered lease deed for 99 years. This company went into liquidation. During the liquidation process, one Shekharappa Veerupakshappa Metagud purchased the leasehold rights of the company. This lease being in force, the owner of the land, Channaveerappa Chanabassappa Jawali, sold the entire land including 389 3/9 square yards to one Raghavendra Kalamdani by executing a registered sale deed in the year 1912. On 25.05.1945, this Raghavendra Kalamdani sold this entire land to one Shivabasavayya Gadagayya Chikkmath. Challenging t










































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