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2023 Supreme(Kar) 1203

K. NATARAJAN
Gavipuram Extension House Building Co-Op Society Ltd. – Appellant
Versus
Muniswamy – Respondent


Advocates appeared:
S.Syed Basha, Advocate, Kalyan R., Advocate, K.S.Uday, Advocate, T.A.Karumbaiah, Advocate

JUDGMENT

1. RFA No.658/2017 is filed by the defendant No.2 and RFA No.693/2017 filed by defendant No.1, under Sec. 96 of CPC for setting aside the judgment and decree passed by the City Civil and Sessions Judge in O.S.No.9348/2014 dtd. 7/1/2017.

2. Heard the argument of learned counsel for appellants and respondents.

3. The rank of the parties before the Trial Court are retained for the sake of convenience.

4. The case of the plaintiff before the Trial Court is that the plaintiff filed suit for recovery of money contending that the land bearing Sy.No.118 measuring 2 acres 33 guntas situated at Nagadevanahalli Village, Kengeri Hobli has been granted in favour of the plaintiff on 31/10/1961. The Saguvali chit was also issued in his favour on 21/3/1970. There was non alienation clause, for selling the property. The plaintiff has alienated the land in favour of the defendant No.3, through registered sale deed on 7/8/1980 and in turn, defendant No.3 sold this property to defendant No.1 under the sale deed dtd. 15/11/1985. The alienation was affected by violation of provisions of Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of certain lands) Act, 1978 (hereinaft

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