LAWS(KAR)-2019-5-37

VASANTHI SHETTIGARTHI Vs. K BALACHANDRA RAO

Decided On May 28, 2019
VASANTHI SHETTIGARTHI Appellant
V/S
K BALACHANDRA RAO Respondents

JUDGEMENT

(1.) The petitioners are plaintiffs 2 to 5 before the Trial Court in O.S.No.314/2009 and are the wife and daughters of plaintiff No.1.

(2.) Facts in brief:-

(3.) The said suit came to be resisted by the defendant. It was contended by him that deceased plaintiff No.1 was his client and that he had struggled hard to succeed in the judicial proceedings instituted by deceased plaintiff No.1 and that deceased plaintiff No.1 persistently requested him to purchase the property and hence, defendant agreed to purchase the same and the sale deed was executed by the deceased plaintiff out of his own free will and volition and that neither he nor his colleagues played any fraud nor coerced plaintiff No.1 to execute the sale deed. It was contended by the defendant that the institution of the suit is at the instigation of those who are inimically disposed towards the defendant and that even some of the advocates are inimically disposed towards the defendant and hence the present suit was instituted. It was also contended by the defendant that plaintiffs 1 & 2 did not enjoy a cordial relationship and that deceased plaintiff No.1 was tortured by plaintiff No.2 and her relatives and that plaintiff No.2 had abandoned plaintiff No.1 and hence, plaintiff No.1 pleaded the defendant to purchase the suit schedule property.