KISHORE Vs. AHMED

JUDGEMENT

(1.) THIS second appeal is by the second plaintiff in O. S. No. 16/1979 on the file of the Civil Judge, puttur.

(2.) THE appellant herein and his minor sister filed the suit for (a) declaration that the sale deed dated 3. 12. 1976 executed by defendants 1 to 4 in favour of fifth defendant in regard to the suit schedule properties (two items of land measuring 1 acre 12 cents and 40 cents in Sy. Nos. 33 and 32 of Bellare Kasba village) was not valid or binding on the family and for cancellation of the said sale deed; (b) directing the fifth defendant to deliver up possession of the suit schedule properties to the family of plaintiffs and defendants-1 to 4 represented by the first defendant; (c)for a permanent prohibitory injunction restraining the fifth defendant in doing any new work or putting up buildings in the suit properties; (d) for means profits from 3. 12. 1976 till date of suit and for future mesne profits. The suit was filed on 11. 4. 1979.

(3.) THE plaintiffs alleged that first defendant is the Yajamanathi of her Aliyasanthana Kutumba consisting of herself and her married daughter (defendant-2) and two unmarried daughters (defendants-3 and 4), that suit properties were allotted to the share of the said family at a division on 8. 3. 72; plaintiffs-1 and 2 who were minors at the time of filing of the suit were the daughter and son of the second defendant; the family was in affluent circumstances; and there was reasonable income from the schedule properties; and though there was no need for sale of the schedule properties, defendants-1 to 4 sold them to fifth defendant and such sale was not for family necessity or benefit. They also alleged want of consideration for the sale. They contended that fifth defendant got the sale deed execute by defendants 1 to 4 by exercising undue influence. Defendants 1 to 4 did not contest the suit and virtually supported the case of the plaintiffs.