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2022 Supreme(Online)(Kar) 50698

KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
SRI BALAJI AGRO PRODUCTS – Appellant
Versus
MRS HANNA SUNDARI HARRIET SAIGAL – Respondent


Advocates:
['G K KULKARNI', '', 'JEEVAN K', 'P B AJITH']

1.

The present appeal is filed against the

judgment

and

decree

passed

in

Original

Suit

No.2469/2005 dated 24.02.2014 on the file of the 42nd

Addl. City Civil & Sessions Judge, Bengaluru City,

whereby the suit of the plaintiff came to be dismissed.

2.

The parties are referred to as plaintiff and

defendants, as per their original ranking before the Trial

Court, for the sake of convenience.

3

3.

Brief facts which are necessary for disposal of

the appeal are as under:

The suit schedule property is the building and

structures situated in the landed property bearing

Survey No.49/1B measuring 6 acres 19 guntas of

Kothanoor village, K.R. Puram Hobli, Bengaluru is the

absolute property that belongs to the defendant.

Plaintiff claims that he is in possession and enjoyment of

the suit property by a irrevocable un-registered lease

agreement which was entered into by him with the first

defendant for a period of 25 years with effect from

5.12.1996 till 5.12.2021 of a Farm land known as

8Green Acre Farm9.

4.

According to the plaintiff, in the said lease

deed, there is a clause which creates a right of pre-

emption in favour of the plaintiff.

4

5.

It is also contended by the plaintiff that

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