TARA BAI Vs. V S KRISHNASWAMY RAO

JUDGEMENT

(1.) This is a revision by defendant 2 against the order dated 19-3-1982 passed by the I Additional Civil Judge, Mysore, in F.D.P. No. 18/80 (O. S. No. 192/77) dismissing I. A. Nos. 3 and 5.

(2.) This is an unfortunate litigation between the brother and the sister over a piece of property left by their father.

(3.) One Srinivasarao died leaving behind him his widow defendant 1 and two daughters defendant 2 Tara Bai and defendant 3 Shanta Bai and a son Krishnaswamy Rao plaintiff. The plaintiff filed a suit - O. S. No. 192/77 - for partition and possession of his 5/8th share in the suit property. Later on a joint Memo signed by all the parties and their advocates was filed in the suit on 21-9-1979 stating that the plaintiff Krishnaswamy Rao was entitled to 5/8th share and each of defendants 1 to 3 was entitled to 1/8th share. Accordingly, a preliminary decree in terms of the joint Memo was ordered to be drawn up on 21-9-1979. Thereafter an application for final decree in F.D.P. No. 18/80 was filed by the plaintiff on 16-8-1980. The present revision petitioner-defendant 2 appeared in the decree final proceedings and consented on 13-2-1981 to the appointment of a Commissioner. The Court fixed 18-2-1981 for inspection of the property by the Commissioner. The Commissioner thereafter submitted his report. The Court fixed 6-4-1981 for the objections of the parties, if any, to the Commissioner's report. On that day i.e. 6-4-1981, defendant 2 Tara Bai filed the present Memo/application under S.151 C.P.C. alleging that the said joint Memo in terms of which a preliminary decree was passed, was vitiated by fraud and that her signature was obtained to that joint Memo by practising fraud or misrepresentation.