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2001 Supreme(Kar) 793

V.GOPALA GOWDA
Hanumamma – Appellant
Versus
M. T. Ramalingaiah – Respondent


Advocates:
Advocate Appeared:
Mr. Aditya Sondhi, Udaya Holla, for the Appellant
Mr. Yoganarasimha, A. Padmanabhan, High Court Government Pleader, for the Respondent

JUDGMENT

V. Gopala Gowda, J.— This appeal is filed by the 2nd claimant challenging the legality and validity of the order dated 25.2.2000 passed by the II Additional District Judge in LACA 203 of 1989 in confirming the order dated 16.3.1987 passed by the I Additional Civil Judge and C.J.M., Mysore, urging various legal contentions.

2. The parties are referred to as per their rank in the reference Court.

3. The brief facts of the case are that the land measuring 9 acres 9 guntas of dry land in Sy. No. 11/2 and .07 guntas of garden land in Sy. No. 11/1 in all measuring 9 acres and 16 guntas in Sy. No. 11 of Devanur Village was acquired by the Special Land Acquisition Officer, City Improvement Board, Mysore, for formation of house sites by issuing a preliminary notification dated 7.8.1968 and the possession of the land was taken over by the erstwhile CITB, Mysore, on 24.10.1981. The first claimant filed claim petition before the reference Court seeking compensation contending that the land in Sy. No. 11/2 consisting of two items of the property namely 9 acres 2 guntas of dry land and 07 guntas of garden land totally 9 acres 9 guntas was the joint family property of his father eversince h






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