SWAMI SHRADANAND Vs. GAUHAR TAJ NAMAZIE AND ORS.

JUDGEMENT

(1.) Respondent No. 1 has filed this application under Order VII Rule 11 read with Section 151 Code of Civil Procedure for rejection of the appeal memo. Appellant filed objections and opposes the application.

(2.) This appeal arises out of the judgment and decree dated 16.09.2003 in O.S. No. 10418/1987. Respondent No. 1 is the plaintiff and her daughter Shakereh Khaleeli was the defendant in that case. The plaintiff is the grand daughter of the Sir. Mirza Ismail, the former Diwan of the Princely State of Mysore. Plaintiff and Shakereh Khaleeli inherited huge estate since they hail from an affluent family. Akbar Khaleeli - the husband of Shakereh Khaleeli was in Indian Foreign Service and couple had 4 daughters. Very unfortunately, in 1983 Shakereh Khaleeli was attracted towards the appellant. She divorced Akbar Khaleeli in 1985. Then Shakereh Khaleeli and appellant married under the Special Marriage Act on 17.04.1986. The suit property is highly valuable property situated in the heart of Bangalore City.

(3.) Plaintiff filed O.S. No. 10419/1987 alleging that Shakereh Khaleeli representing to her that she would help in the management of the property, got a lease deed executed in her favour on 19.04.1984. Plaintiff further contended that since she is an aged Pardanishin lady, trusting her daughter Shakeera she signed the document and later it was discovered that the term of the agreement in the lease deed is mentioned as 99 years.