EARAMMA Vs. PARWATAMMA

JUDGEMENT

(1.) Appellant is the plaintiff. The respondent is the defendant. The suit was filed for possession of lands, S. Nos.150, 151 and 156 of Modalapur, Manvi Taluk, and for consequential reliefs. The plaintiff's case was that she was dispossessed by defendant and her husband in the year 1954 and the revenue records were manipulated in their favour. The defendant pleaded that there was an agreement of sale dated 27-6-51 between the plaintiff and the defendant, that the plaintiff had thereunder agreed to sell the suit properties and two other properties for a sum of Rs. 6,000, that a sum of Rs.5,000 was paid to the plaintiff, that the defendant got possession of the properties in pursuance to the said agreement and continues in possession as owner. The defendant relies on S.53A of the Transfer of Property Act to defeat the claim of the plaintiff in the suit.

(2.) The trial Court framed the following issues:

(3.) Both the lower Courts have also held the 5th issue in favour of the defendant. Both the lower Courts have dismissed the suit.