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2023 Supreme(Online)(KAR) 20006

PRINCIPAL BENCH AT BENGALURU
MR T DODDAIAH – Appellant
Versus
MR DODDAIAH – Respondent


Sri.Abhinay.Y.T., learned counsel for the appellant has

appeared in person.

Sri.P.M.Siddamallappa.,

learned

counsel

for

the

respondent has appeared through video conferencing.

This is an appeal from the Court of Senior Civil

Judge and JMFC, Kunigal.

For the sake of convenience, the status of the

parties is referred to as per their ranking before the Trial Court.

4.

The plaint averments are these:

- 3 -

It is said that the suit schedule property originally

belonged to the plaintiff’s grandfather, Doddaiah. He had six

sons and the suit schedule property fell to the share of the

father of the plaintiff and he has been in possession and

enjoyment of the same. It is pleaded that the father of the

plaintiff Doddaiah sold the property to one Totlaiah who is the

father of the first defendant and grandfather of the second

defendant and executed a registered nominal sale deed on

03.10.1947 with a condition to re-convey the property on

payment of money. Sri.Thotlaiah sold 01 Acre of land in

Sy.No.249/6 in favor of his younger brother Doddaiah for

consideration of Rs.300/- (Rupees Three Hundred Only) under

a registered sale deed dated 16.05.1974. It is contended that

the father of the plai

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