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2019 Supreme(Kar) 595

K.S.MUDAGAL
Melville Pinto – Appellant
Versus
Mohammed Rasheed – Respondent


Advocates Appeared:
S.N. Bhat, Adv., A.R. Desai, Adv.

JUDGMENT :

K.S. Mudagal, J.

This second appeal of defendant arises out of judgment and decree dated 17.12.2014 in R.A.No.26/2010 passed by I Additional District Judge, Dakshina Kannada, Mangaluru.

2. By the impugned judgment and decree, First Appellate Court dismissed the appeal and confirmed the judgment and decree dated 27.11.2009 passed by the Principal Civil Judge (Sr. Dvn.) and C.J.M., Mangaluru in O.S.No.67/2007.

3. By the said judgment, trial Court had decreed the suit of plaintiff for possession of suit schedule property and granted mesne profits at the rate of Rs.50/- per day from 10.02.2007 till defendant delivers possession of the property to the plaintiff.

4. Respondent was the plaintiff and appellant was the defendant before the trial Court. For the purpose of convenience, parties will be referred to henceforth with their ranks before the trial Court.

5. Subject matter of the suit was house property bearing Door No.25-14-817 situated at Jappinamogaru Village of Mangaluru Taluk carved out of Sy.No.5-1A.

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

    That he purchased the suit schedule property under the registered sale deed dated 15.11.2001 from one Ms.Angeline Pinto and

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