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