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1970 Supreme(Online)(Kar) 13

MYSORE HIGH COURT
*A. Narayana Pai, C. Honniah , JJ.
S. Rajanna v. S. M. Dhondusa


1. The appellant was the 2nd defendant in O. S. No. 30 of 1956 on the file of the District Court, Bangalore, filed by respondents 1 to 4 as the plaintiffs. The appellant 2nd defendant is the eldest son of Chilkka Munisamisa who was the 1st defendant in the suit. The four plaintiffs, the appellant and the 3rd defendant (5th respondent in the appeal) are the six sons of the said Chikka Muniswamisa, Chikkamunisamisa died after filing his written statement but before trial. His wife and two daughters were later impleaded as supplemental defendants 4, 5 and 6. They are respondents 6, 7 and 8 in the appeal.

2. The father Chikka Muniswamisa appears to have been divided from his brothers many years ago. He carried on business along with his sons and amassed considerable wealth. Besides large amount of cash, he also acquired several immovable properties in Bangalore.

3. The property which is the subject - matter of this suit called the timber yard in the evidence is a vacant land 285' x 150' situated in Aralepet or Cottonpet, one of the busiest commercial localities in the city of Bangalore. It was purchased under two sale deeds, originals of Exhibits D - 2 and D - 3 produced in the case. T






























































































































































































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