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K RAMESH S/O SRI K KRISHNASWAMY NAIDU – Appellant
Versus
SMT G K PREMAKUMARI W/O N K GANGADHARA GOWDA – Respondent


The captioned regular first appeal is filed by unsuccessful

defendant No.1 who has questioned the judgment and decree

dated 30.10.2006 passed in O.S.No.5620/1993 by the XI

Additional City Civil Judge, Bengaluru.

2.

For the purpose of convenience, the parties are

referred to as per their rank before the trial Court.

3.

The facts leading to the case are as under:

(a)The plaintiff filed a suit for bare injunction in

O.S.No.5620/1983

against

the

defendants.

After

the

defendants appeared and filed written statement, the plaintiff

by way of amendment sought the relief of declaration and also

possession from defendants. The subject-matter of the suit is

a site bearing Corporation No.19 totally measuring 15 x 48 ft.

The plaintiff is asserting absolute right and title in the suit

schedule property on the basis of the registered sale deed

dated 28.2.1974. The plaintiff claims that one Narasimhaiah

4

was the owner of the suit schedule property and the said

Narasimhaiah sold the same in her favour under registered

sale deed dated 28.2.1974. The plaintiff claims that after

execution of the registered sale deed, her vendor delivered

possession and since then, she claims to be in exclusive

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