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2020 Supreme(Kar) 115

SREENIVAS HARISH KUMAR
Jayamma Venkatram – Appellant
Versus
Ashraf Jahan Begum Major, W/o. Syed Basheer Ahmed Mallik – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri.Vivek Holla, Advocate
For the Respondent:Sri. Nishanth A.V., Advocate

JUDGMENT :

These two appeals arise from a common judgment dated 2.12.2004 in the original suits 271/1988 and 1281/1989, on the file of first Additional City Civil and Sessions Judge, Bengaluru City.

2. The appellants in both the appeals are the legal representatives of plaintiff No. 2 in O.S.271/1988 and defendant No. 3 in O.S.1281/1989. In O.S.271/1988, originally there were three plaintiffs. After the death of the first plaintiff, Krishna Murthy, the plaintiffs 2 and 3 continued the suit.

3. Briefly stated, the pleadings in O.S. 271/1988 are as follows :

The suit property is a bit of land measuring 55 ½ + 55 ft/2 x 50 + 42/2 feet situate in 20 guntas of land in Sy. No. 6/1 of Mavalli Village, Bengaluru North Taluk, with boundaries as mentioned in plaint schedule. The plaintiffs claim to be its absolute owners. The total measurement of land was 3.06 acres. After acquisition of lands on three occasions for formation of Krumbigal Road, extension of Lalbagh and formation of the link roads, ultimately there remained 20 guntas of land. The entire land earlier belonged to plaintiffs’ father and after his demise, their mother held the katha till her death in the year 1947. She let out 1/3 po

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