KAMMARUNNISSA W/O. SRI SYED SALAR Vs. SMT. GEETHA W/O. SRI SUNDARAJ, RAFIQ AHMED S/O. ABDUL RAHIM, SABINA W/O. RAFIQ AHMED AND SYED AHMED S/O. LATE KALLUSAB

JUDGEMENT

(1.) THE appellant herein is the plaintiff in OS. No. 621/1995. The suit in question was filed by the plaintiff for cancellation of the sale deed executed by Sri. Kallusab, namely, the father of the plaintiff on 19.11.1981 on the ground that the same had been obtained by fraud and also for a declaration that the sale deed executed by the second and third defendants in favour of the first defendant is null and void. The said suit came to be dismissed by the trial Court by its judgment and decree dated 10.4.2000. The plaintiff was before the lower appellate Court in an appeal filed under Section 96 of Civil Procedure Code in RA.No.128/2000. The lower appellate Court on re -appreciation of the matter has affirmed the judgment rendered by the trial Court and has dismissed the appeal. Against the concurrent findings rendered by the Courts below, the plaintiff is before this Court in this second appeal.

(2.) HEARD the learned Counsel for the parties and perused the appeal papers.

(3.) ON the rival contentions urged before the trial Court, the trial Court framed as many as eight issues for its consideration, which read as hereunder: 1) Whether the plaintiff proves that the plaint schedule property is the joint family property of the plaintiff and the 4th defendant? 2) Whether the plaintiff proves that the sale deed dated 19.11.1981 executed by A. Kallusab in favour, of the 1st defendant is a fraudulent transaction? 3) Whether the plaintiff proves that plaintiff is in lawful possession of the suit schedule property as on the date of the suit? 4) Whether the plaintiff further proves that defendants are un -lawfully interfering with her lawful possession and enjoyment of the suit schedule property?