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A.N.VENUGOPALA GOWDA
Bommanayaka – Appellant
Versus
Bommanayaka – Respondent
A.N. Venugopala Gowda, J.—Appellant was the plaintiff in OS No. 45 of 2004 on the file of Civil Judge (Junior Division) and Judicial Magistrate First Class at Sira. Suit was filed against the respondents-defendants for declaration of title and for perpetual injunction in respect of a site bearing Katha No. 68/78 (Old No. 105/73) measuring 4 x 20 yards (12 x 60 feet) situated at Seebi, Kallambella Hobli, Sira Taluk. For convenience, the parities would be referred to hereinafter with reference to their rank in Trial Court.
2. In brief, the case of the plaintiff is as follows:
The suit property, which was an ancestral and joint family property, fell to his share in a family partition and the katha of the same stands in his name and that he has paid the tax to the Village Panchayath and that, though defendants have no right, title and/or interest over the suit property, they tried to interfere with the possession and enjoyment of the same by him, by alleging that the plaintiff has executed a sale deed in favour of their mother Lingamma. It was stated that he had obtained loan from Lingamma of Umapathihalli and he repaid the same with interest and that he has not conveyed any
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