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2023 Supreme(Kar) 1020

JYOTI MULIMANI
C. B. Chandrashekar – Appellant
Versus
Javaramma – Respondent


Advocates appeared:
Sri. Chandrakanth R. Patel., Advocate, for the Appellant.

JUDGMENT

1. Sri.Chandrakanth R.Patel., learned counsel for the appellant has appeared in person.

2. This appeal is from the Court of Principal District Judge, Hassan.

3. For the sake of convenience, the parties shall be referred to as per status and their rankings before the Trial Court.

4. The facts of the case are quite simple and are stated as under:

The suit property is situated at Doddapura village, Kasaba Hobli, Hassan Taluk comprised in Survey No.74/3 measuring 03 Acres 04 Guntas out of which an extent of 02 Acres and 02 Guntas with boundaries on the East - the property of Shashikala, West - the property of Moganna, North - the property of Gowramma, South- the property of Thammegowda.

It is stated that the second defendant is the son of the first defendant and the third & fourth defendants are the wife and son of the second defendant. The plaintiff contended that the suit property belonged to the second defendant and he agreed to sell the same in his favor for a consideration of Rs.7,99,500/- (Rupees Seven Lakh Ninety Nine Thousand and Five Hundred only) on 25.08.2006 hence an agreement of sale was executed and advance of Rs.20,000/- (Rupees Twenty Thousand only) was paid and the

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