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2023 Supreme(Kar) 1039

V. SRISHANANDA
Mahboob – Appellant
Versus
K. B. Shariff – Respondent


Advocates appeared:
Mahboob Alikhan, Advocate, Vasanth V.Fernandes, Advocate, Y.K.Narayana Sharma, Advocate

JUDGMENT

1. The present appeal is directed against the judgment and decree dtd. 13/3/2006 passed in OS No.10614/1992 on the file of the XXVIII Additional City Civil Judge at Mayohall Unit, Bengaluru, whereby the suit of the plaintiff came to be decreed with costs.

2. Parties are referred to as plaintiff and defendant for the sake of convenience as per their rankings before the Trial Court.

3. Brief facts which are necessary for disposal of the appeal are as under:

    Plaintiff filed a suit for declaration seeking an order of declaration that he is the absolute owner of the property bearing Corporation No.27/3 situated in the ground floor Cunningham road, Civil Station Bengaluru52 to the extent of 50% bounded on East by - premises No.26 Dr.Warrior's house; West by - Premises No.29 Syed Mohiyuddin Sahib's house; North by - Premises No.27 and 27/1, Cunningham Road and South by - Queen's corner, hereinafter referred to as the 'Suit Property' for short.

4. Plaint averments reveal that he is the sole and absolute owner of the suit property having purchased the same from the defendant for a valuable consideration through a registered sale deed dtd. 6/4/1988. After purchase of the suit property

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