SAVITHRAMMA Vs. K R SATHYANARAYANA

JUDGEMENT

(1.) This appeal is directed against the judgment decree dated 16-03-2012 passed in R.A.No.39/2009 by the Principal Civil Judge (Sr.Dn) and JMFC, Srirangapatna, wherein the appeal came to be dismissed and the judgment and decree dated 25-10-.2008 passed in OS.No.163/2005 by the learned Principal Civil Judge (Jr.Dn) and JMFC, was confirmed.

(2.) In order to avoid confusion and overlapping, the parties are referred in accordance with their rankings held by them before the trial court.

(3.) Originally, suit was filed by the plaintiff against the defendants in O.S.No.163/2005 before the trial Court for cancellation of sale deed and for permanent injunction claiming to be the owner of the suit schedule property which is an agricultural land bearing Survey No.95 of Bonthagally Village measuring an extent of 32 guntas. She purchased the same on 26.11.1990 from one Chikkamma. The 2nd defendant is stated to be the son of the plaintiff and 1st defendant is the purchaser of the schedule property. She claims that fraud was played on her by the 1st defendant purchaser and her own son defendant No.2. She was made to sign on the document purported to be the registered sale deed, wherein the schedule property was conveyed by her in favour of 1st defendant. In this connection, 2nd defendant who is her own son cooperated with the 1st defendant in bringing up the registered sale deed of the schedule property whereby the plaintiff was divested off her ownership in a deceptive and cunning manner. She further claims that she had no notice or knowledge of the contents of the documents which came to be claimed as sale deed.