G. SRINIVAS Vs. FELIX ANTONY MENEZES

JUDGEMENT

(1.) This is 3rd defendant's appeal challenging the correctness and legality of judgment and decree passed in O.S.No.5854/2016 dated 16.06.2020, whereunder, the suit filed by the 1st respondent herein for recovery of Rs.42,02,330/- with interest at the rate of 18% per annum and consequential relief to direct cancellation of two sale deeds dated 11.10.2013 in respect of schedule 'A' and 'B' properties came to be decreed as prayed for.

(2.) We had called for the records of the trial Court and same having been received. Though the matter is listed for admission, by consent of learned advocates appearing for the parties, it is taken up for final disposal.

(3.) It was the contention of the plaintiff before the trial Court that defendant Nos.1 to 6 had sold suit 'A' and 'B' schedule properties under two sale deeds dated 11.10.2013, though the said properties had already been sold way back in 1994 to the Karnataka Nair Service Society and even decree had been passed in O.S.No.589/1998 on 21.04.2010 by the XXXVII Additional City Civil and Sessions Judge, Bengaluru, yet they had received a total consideration of Rs.27,83,000/- by cheque/RTGS/through cash from 03.07.2013 to 11.10.2013 from the plaintiff and thereby defendant Nos.1 to 6 had defrauded the plaintiff by selling the properties which had already been sold. Hence, he sought for recovery of money and to declare two sale deeds dated 11.10.2013 executed by defendant Nos.1 to 6 in his (plaintiff) favour as void and has also sought for two sale deeds being cancelled.