RAKESHCHANDRA @ MANDI Vs. RAMESH M; M S NEETRAVATHI

JUDGEMENT

(1.) Plaintiff in O.S.No.5807/2015 has filed this appeal challenging the order passed by the Court below dismissing the application filed seeking temporary injunction to restrain the defendants from interfering with plaintiff's possession and enjoyment of the property and from changing the nature of the same. In this appeal, we are concerned with dismissal of I.A.No.3 filed by the plaintiff seeking a restraint order against the defendants from putting up construction over the suit schedule property.

(2.) The suit has been filed seeking a decree of permanent injunction and for a declaration that the Sale Deed dated 07.02.2003 executed by late Venkatalakshmamma, mother of the plaintiff in favour of defendant No.1, her son-in-law is not binding on the plaintiff as it was obtained fraudulently. Plaint averments would disclose that during the lifetime of the mother of the plaintiff, there was a registered partition deed dated 21.03.2001 between the plaintiff, his mother and his sister defendant No.2. As per the registered partition deed dated 21.03.2001, the suit schedule property fell to the share of the mother of the plaintiff. After this partition, mother of the plaintiff has sold the property to defendant No.1. Defendant No.1 has purchased the property under a registered Sale Deed dated 07.02.2003 through his wife defendant No.2 as his Power of Attorney holder. Further fact as pleaded in the plaint would reveal that partition deed dated 21.03.2001 was not found either with the plaintiff's mother or with the members of her family.

(3.) It is the case of the plaintiff that Sale Deed dated 07.02.2003 was a created document, in that, mother of the plaintiff had not executed the said Sale Deed. Had it been so, there was no need for the mother of the plaintiff to enter into another registered partition deed on 10.12.2003; she was not aware of the Sale Deed during her lifetime; she died on 05.06.2012 and after her death, plaintiff learnt about the Sale Deed dated 07.02.2003 and thereafter, the present suit has been instituted seeking a declaration that the said Sale Deed was not binding on the plaintiff.