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2015 Supreme(Kar) 106

ANAND BYRAREDDY
Krishnakumari – Appellant
Versus
K. Suresh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant - Chaitanya Hegde, Advocate
For the Respondent - M.K.Girish, Advocate for Caveator/Respondent

JUDGMENT :

Heard the learned counsel for the appellant and the learned counsel for the respondent.

2. The appellant was the defendant before the Trial Court. The suit was for permanent injunction restraining the defendant from interfering with the plaintiff’s possession of the suit property, which was described as follows:

“All that piece and parcel of the Southern side Western Portion of House / site property bearing No.14, 15, 19 and 13, ReSurvey No.1/4 and 1/B5, Present Corporation No.19, situated at 1st Cross, Byrasandra village, Jayanagar Corporation Ward No.60,

And Measuring

East to West: On the Northern side 30 feet On the Southern side 37.6 feet

North to South: 20 feet

And bounded on

East by : Private Property

West by : Sanatorium Compound

North by : Portion of the property retained by the vendors.

South by : 10 feet Road.

Together with two square A.C. Sheet House thereon.”

3. It was the respondent plaintiff’s primary contention that the plaintiff was put in possession under an agreement of sale and had continued in such possession till there was an absolute sale deed executed in his favour. Notwithstanding the same, since there was interference by the defendant, the suit was










































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