D R RATHNA MURTHY Vs. RAMAPPA

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 2nd April, 2002 passed by the High Court of Karnataka at Bangalore in R.S.A No. 446 of 1996, reversing the judgment of the First Appellate Court dated 10.3.1999, passed in RFA No. 133 of 1995; and restoring the judgment and decree of the trial court dated 15.11.1995 in O.S. No. 122 of 1992. The trial court had dismissed the suit of the plaintiff/appellant (hereinafter called the appellant) for specific performance.

(2.) Facts and circumstances giving rise to this appeal are that the appellant, D.R. Rathna Murthy, had purchased the land in question vide registered sale deed dated 23rd April, 1986 from one A.M. Venkatachalapathy Setty for a consideration of Rs. 10,000/-. On the very next day, the appellant sold the said land vide registered sale deed dated 24th April, 1986, to the defendant/respondent (hereinafter called the respondent) for consideration of Rs. 10,000/- only and delivered the possession to him. In pursuance of the said sale deed dated 24th April, 1986, the respondent is in possession of the suit land. The appellant subsequently served a legal notice upon the respondent in the year 1991-1992 demanding the reconveyance of the suit property on the ground that registered sale deed executed in favour of respondent dated 24th April, 1986 was a conditional sale deed and appellant had a right to repurchase the sale land for the same consideration of Rs. 10,000/- within a period of ten years from the date of execution of the sale deed.

(3.) The respondent did not make any response to the said legal notice, thus, the appellant filed Original Suit No. 122 of 1992 before the court of Munsiff and JMFC Court, Mulbagal, seeking the relief of specific performance. The said Suit was contested by the respondent contending that there was an absolute sale deed in his favour and it was not a conditional sale deed, the term of reconveyance had been fraudulently inserted by the appellant after the execution of the document. Manipulation had been done at several places in the said sale deed after the execution and the appellant had put in the word "Avadhi", which means tenure, just to make the same a conditional sale deed. The trial court considered the case of both the parties and dismissed the Suit vide judgment and decree dated 15th November, 1995.