RADHA KRISHNA GAONKAR Vs. HARI REDKAR

JUDGEMENT

(1.) IN this appeal preferred by the original plaintiff, the appellant has challenged the concurrent findings recorded by the Courts below. The plaintiff instituted the suit against the defendants, claiming decree of eviction, permanent and mandatory injunctions, and for annulment of agreement. It is the case of the plaintiff that she is the wife of late Krishna Vithal Gaonkar, defendant No.3. She claims to be the legally wedded wife of defendant no.3 and by virtue of her marriage, according to her, she owns along with defendant No.3, the property named "Bharad" situate at Padel, Bethora, Goa. According to the plaintiff, the defendant No.1 by practising misrepresentation and by adopting fraudulent means, obtained signatures of defendant No.3 on an agreement of sale, allegedly executed by defendant No.3 in his favour in respect of the disputed property. The defendants No.1 and 2, on the basis of the original agreement, have entered into possession. The plaintiff did not sign the agreement and, as such, according to the plaintiff, she is not bound by the agreement.

(2.) THE suit has been contested by the original defendants No.1 and 2, who have controverted the contentions raised by the plaintiff. Defendants No.1 and 2 have questioned the legality of the marriage of the plaintiff with the defendant No.3. According to defendants No.1 and 2, the plaintiff is not the legally wedded wife of defendant No.3 and, as such, does not have any entitlement in respect of the disputed property. The said defendants, in the alternative, have claimed that they, under a bonafide belief that the property belonged to defendant No.3, have entered into the agreement and have been put in possession of the property and they claim that they are protected by Section 53 -A of the Transfer of Property Act.

(3.) DEFENDANT No.3 has supported the claim of the plaintiff and prayed for passing of decree in favour of the plaintiff. It does appear that defendant No.3 died during the pendency of the suit and his heirs, namely daughters were brought on record.