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2019 Supreme(Kar) 567

K.S.MUDAGAL
Rahamath Khatoon – Appellant
Versus
Azam – Respondent


Advocates Appeared:
S. Taj, Adv.

JUDGMENT :

K.S. Mudagal, J.

This second appeal of the plaintiff arises out of the judgment and decree dated 18.09.2017 in Regular Appeal No.01/2016 passed by the Senior Civil Judge and J.M.F.C., at Gowribidanur.

2. By the impugned judgment and decree, the First Appellate Court allowed the appeal of the defendant, reversed the judgment and decree dated 26.10.2015 in O.S.No.291/2011 passed by the Principal Civil Judge & J.M.F.C., Gauribidanur. By the said judgment and decree, the Trial Court had decreed the suit of the plaintiff for permanent injunction.

3. The appellant was the plaintiff and respondent was the defendant before the trial court. For the purpose of convenience, parties will be referred to henceforth as per their rankings before the trial Court.

4. Subject matter of the suit was house property bearing Town Municipal Assessment No.124/109 measuring 311/4 feet x 24 feet situated at Gowribidanur town.

5. The case of the plaintiff in brief is as follows:

    She is the younger sister of the defendant. Her mother was the absolute owner of the suit property. Her mother executed Ex.P1 gift deed dated 14.06.2011 and put her in possession of the property. Thereby she has become the absolut

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