MAHADEV Vs. VISHALAKSHI

JUDGEMENT

(1.) The above second Appeal is filed by the Defendant under Sec. 100 of the CPC (hereinafter referred to as the 'CPC') challenging the judgment and decree dtd. 19/1/2013 passed in RA.No.83/2012 by the Fast Track Court-II at Bidar, Camp at Bhalki (hereinafter referred to as the 'first Appellate Court') and the judgment and decree dtd. 9/7/2012 passed in OS.No.32/2008 by the Senior Civil Judge, Bhalki, (hereinafter referred to as the 'Trial Court') and to dismiss the suit of the Plaintiff.

(2.) For the sake of convenience, the parties herein are referred to by their rank before the Trial Court.

(3.) It is the case of the Plaintiff that property bearing No.195/2, measuring 7 Acres, situated at Bhalki (hereinafter referred to as the 'suit property') was purchased by her father through his own earnings in the name of her mother Nirmaladevi vide registered Sale Deed dtd. 18/12/1997. The Plaintiff being the only daughter of her parents, the said property was gifted in her favour by a registered Gift Deed dtd. 2/5/2005 and hence she is the absolute owner of the suit property. That the Plaintiff got married to the Defendant on 24/11/2004 and they have a daughter born from the said marriage. That the Defendant has taken money on many occasions from the father of the Plaintiff and the Defendant was also given a car and gold by the father of the Plaintiff. That the Defendant stating that he is taking a loan from the bank to improve the suit property for which the Plaintiff is required to mortgage the suit property in favour of the bank, brought her to the Sub Registrar's office and by playing fraud and misrepresenting her, has created the alleged Gift Deed in his favour in respect of the suit property and without disclosing the real facts asked her to put her signature on the document. The Plaintiff believing the words of her husband i.e., the Defendant has not gone through the contents of the document and signed the alleged Gift Deed, consequent to which, the Defendant has his name entered in the revenue records.