N. P. KHADEEJA Vs. N. P. SULAIKHA

JUDGEMENT

(1.) The suit was for declaration and injunction. The trial court dismissed the suit. The plaintiff filed appeal. The lower appellate court dismissed it. The plaintiff filed the second appeal. She died thereafter. Hence the first respondent in the appeal was transposed as the second appellant.

(2.) The case pleaded in the plaint is stated below : The second defendant is the husband of the plaintiff. Their daughter is the first defendant. Defendants 3 and 4 are respectively the daughter and wife of plaintiff's deceased son by name Muhammed Salim. The plaintiff who owned the plaint schedule properties executed Ext A6 sale deed in favour of defendants 3 and 4. It was a sham document. It was never intended to be acted upon. Despite the execution of the same, the plaintiff continued to be the absolute owner and person in possession of the plaint schedule properties. The second defendant wanted the plaintiff to sell the plaint schedule properties for the former to start a business. The plaintiff was not amenable to sell her properties for raising funds for the second defendant. Therefore she executed Ext A6 sale deed. The document is not supported by consideration. The recital in it that the sale consideration of Rs 1,14,000/- was received by the plaintiff is not true. Muhammed Salim had no financial capacity to pay the sale consideration. In these circumstances, Ext A6 should be declared a sham document.

(3.) Defendants 1 and 2 did not contest. Defendants 3 and 4 who are the heirs of Muhammed Salim raised the following contentions : The second defendant and Muhammed Salim were working abroad. The plaintiff received amounts from Muhammed Salim on various occasions. The first defendant was given in marriage with sufficient dowry. In these circumstances it was decided to assign the suit properties to Muhammed Salim. But before the execution of the sale deed, he died in an accident on 3.3.1989. Execution of the document was postponed even after the death of Muhammed Salim since the fourth defendant was pregnant. Ext A6 is not a sham document. It was not a document not to be acted upon. The sale consideration was received by the plaintiff from Muhammed Salim. The plaintiff and the second defendant had reserved a life interest in the properties. Therefore they have the right to reside in the house till their death. The suit is filed in collusion with defendants 1 and 2 to defeat the interest of defendants 3 and 4.