KAILASH PRABHAKAR SHINDE Vs. INDUBAI KAILAS SHINDE

JUDGEMENT

(1.) The appellant/original plaintiff impugns the judgment and decree dtd. 18/7/2013 passed by District Judge, Jalna in Regular Civil Appeal no. 205 of 2009, thereby upholding the judgment and decree dtd. 30/11/2009 passed by Civil Judge (S.D.) Jalna, in Special Civil Suit No. 78 of 2007, thereby dismissing the suit of the appellant seeking cancellation of sale deed, declaration of ownership and perpetual injunction.

(2.) For sake of convenience, parties are referred as per their original status in the suit.

(3.) The Appellant/plaintiff instituted Special Civil Suit No. 78 of 2007 contending that defendant No.1 Indubai was his legally wedded wife. After solemnization of marriage on 10/5/1997, she happily resided with him for about 8 years. Thereafter, some dispute erupted between them eventually, she started residing with her parents. She instituted proceeding for grant of maintenance under Sec. 125 of Cr.P.C. against him. The dispute was amicably resolved by intervention of friends. Defendant No.1 resumed matrimonial life with him. In turn, he executed a registered management deed dtd. 9/3/2006 in her favour giving her right to manage suit property bearing Gat No. 281, admeasuring 1 Hectare 20 R situated at Kapurwadi. A lifetime interest was created in her favour with restriction from creating third party interest. However within a short span, defendant again left matrimonial home. Thereafter, she suffered mental disorder and was under treatment of a psychiatrist at Aurangabad. Taking disadvantage of her mental health, her brother, who was serving in Police Department, made her to execute a sale deed dtd. 4/6/2007 in respect of suit property in favour of defendant No.2. According to plaintiff, sale deed dtd. 4/6/2007 is invalid as Defendant No.1 had neither authority to transfer the suit property nor was she in fit state of mind to make valid disposition.