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2023 Supreme(Kar) 1108

C. M. JOSHI
Mahboob Sab – Appellant
Versus
Peersab – Respondent


Advocates appeared:
R.S.Sidhapurkar, Advocate, Shivakumar Kalloor, Advocate

JUDGMENT

1. This second appeal is directed against the concurrent findings by the learned Principal Civil Judge (Jr.Dn), Sindhanur, in OS No.89/2008 dtd. 7/4/2010 and the learned Senior Civil Judge and JMFC, Lingasugur, in RA No.5/2010 dtd. 30/6/2011, whereby, the suit filed by the plaintiff came to be dismissed.

2. The parties would be referred to as per their ranks before the Trial Court for the sake of convenience.

3. Brief facts are as below:

    The appellant/plaintiff filed a suit for possession of the suit schedule property contending that the Paradi No.8/4 measuring 06 guntas at Ward No.6, Katebase Lane of Sindhanur, is the property belonging to him on the basis of a Gift Deed dtd. 3/9/1981. He contended that originally, the suit schedule property belonged to his maternal grand father Jalalsab and after his demise it devolved upon his son Abdul Karim Sab. He had no issues and therefore, he adopted the plaintiff as his son and the plaintiff was looking after him. Out of love and affection, Abdul Karim Sab, executed the Gift Deed on 3/9/1981 in favour of the plaintiff and since then he is the owner in title of the suit property. Accordingly, his name appears in the municipal recor

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