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2017 Supreme(Kar) 1135

RAVI MALIMATH
Narayan S. Kurdekar S/o Somaiah Kurdekar – Appellant
Versus
Dawal Sab S/o Jani Sab Sathsanadi Since deceased by LRs. – Respondent


Advocates Appeared:
For the Appellant : Sri. F.V. Patil.
For the Respondents: Sri. Dinesh M. Kulkarni, Sri. Shrikant T. Patil, Sri. D.M. Manjunath, Sri. Sajjanaar V.D.

JUDGMENT :

1. The case of the plaintiff is that the suit schedule property is an open site. The plaintiff is the owner and in possession of the suit property, since the date of his purchase in the year 1970. The 2nd defendant was the holder and kabjedar of shetsanadi land of Mariyan Timmasagar of Hubli. The plots were laid down by the defendant No. 2, after representing that he has served in the Municipal Borough, Hubli. 2nd defendant has transferred his lease hold rights over the suit property by way of a registered deed dated 07.12.1967, in favour of one Ayeppa Bhemappa Ramannavar of Hubli, who in turn has transferred his right of the suit property in favour of the plaintiff, by virtue of a registered sale deed. Possession was given to the plaintiff on the same day. The 2nd defendant also sold his proprietary right in the said plot by way of a registered sale deed on 21.07.1970. Hence, the plaintiff became the full owner of the suit property. After purchase, the property has been subdivided and taxes have been paid. His name is entered in the property registers. He has also stocked materials for construction, stones etc. He sought for conversion of the suit land which was granted.


















































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