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THE HIGH COURT OF KARNATAKA
MR. SACHIN SHANKAR MAGADUM, J
SMT. M.A. SHAHNAZ – Appellant
Versus
SRI. ANTHONY STEPHEN – Respondent
| Table of Content |
|---|
| 1. court's examination of evidence (Para 1 , 20 , 21) |
| 2. plaintiff's assertion of title (Para 3 , 4) |
| 3. judicial findings on title validity (Para 9 , 10 , 12 , 14) |
| 4. statutory framework of property transfers (Para 26 , 28 , 30) |
ORAL JUDGMENT
The captioned appeal is by the defendant No.3 assailing the judgment and decree rendered in O.S.No.10910/1998, wherein the plaintiff's suit seeking relief of declaration of title and for possession is decreed.
2. For the sake of brevity, the parties are referred to as per their rank before the trial Court.
3. Facts leading to the case are as under: Plaintiff instituted a suit seeking declaration of title based on registered sale deed obtained by plaintiff from one A.P. Srinivasulu under registered sale deed dated 01.07.1998. Plaintiff specifically asserted that plaintiff’s site bearing No.8-C measures 20x30 feet and the same is part and parcel of Sy.No.7. Alleging that defendant No.3 on the strength of sale deed executed by defendant No.1 under registered sale deed dated 10.05.1999 pertaining to Site No.2 illegally trespassed and dispossessed plaintiff and therefore, suit is filed asserting title over Site No.8-C.
4. On receipt of summ
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