PRAKASH (DEAD) Vs. G. ARADHYA

JUDGEMENT

(1.) The appellant has filed the present appeal before this Court impugning the judgment,dtd. 9/12/2009 in RFA No.969/2000 of the High Court of Karnataka at Bangalore by which the Appeal,O.S. No.3752/1987 dtd. 23/8/2000 filed by the appellant against the judgment and decree of the trial Court was upheld.

(2.) The facts, as evident from the record, are that on 16/10/1963 a property measuring 30 ft. x 60 ft. was purchased by the father of the appellant, Gangaramaiah, in the name of the appellant, who was minor at that time. On 24/12/1973 the father of the appellant, Gangaramaiah sold the aforesaid property to one Rudramma for a sum of Rs.5000.00 (Rupees Five Thousand). The age of the appellant, who claimed himself to be minor at that time, was mentioned as 13 years. On the same day, another unregistered document was executed between the parties claiming to be Reconveyance Deed in terms of which on the request of the vendor, the vendee had agreed to re-transfer the property back within five years of the Sale Deed in case the sale consideration of Rs.5000.00 (Rupees Five Thousand) is paid.

(3.) A notice dtd. 24/11/1978 was got issued by the father of the appellant to the vendee seeking execution of the Conveyance Deed back in favour of the vendor in terms of the Reconveyance Deed executed on 24/12/1973. The same was replied to by the vendeeRudramma through her counsel on 2/12/1978 stating that the Sale Deed dtd. 24/12/1973 was not a mortgage by conditional sale. It was an outright sale of the property. It was admitted that on the same date, an agreement of reconveyance was entered into. On 24/7/1978, a suit,SC No.3608/78 before the Small Cause Court, Bangalore. was filed by Rudramma seeking eviction of the Gangaramaiah in terms of the Lease Agreement dtd. 24/12/1973 as he had not been paid the rent. While reserving her rights in the aforesaid suit, Rudramma stated in the reply to the notice that she is ready and willing to get the Conveyance Deed executed on receipt of Rs.7000.00 (Rupees Seven Thousand).