G K MURTHY Vs. K PADMAKSHI

JUDGEMENT

(1.) Defendant No.2 is appellant before this Court. He has concurrently lost before the two Courts below.

(2.) A suit for declaration and for permanent injunction was filed by the plaintiff Smt.K.Padmakshi who was the wife of defendant No.2 G.K.Murthy. Defendant No.1 V.Jayarama is the nephew of defendant No.2. The plaintiff claimed that she alongwith defendant No.2 was joint owner in possession of the house in question having purchased the same through a sale deed dated May 5,1993. The relations between the parties were good. General Power of Attorney was executed by the plaintiff in favour of defendant No.2. However, later on when defendant No.2 started mal-treating the plaintiff, then she got the aforesaid General Power of Attorney cancelled on July 10,1995. Later on, she came to know that two decrees dated April 6,1996 and June 3,1996 had been manipulated by the defendants and defendant No.2 also proclaimed that the plaintiff stood divorced through decree of divorce dated November 29,1995. In the present suit, the plaintiff challenged two decrees dated April 6, 1996 and June 3, 1996 as being based upon fraud and not binding upon the rights of the plaintiff.

(3.) The defendants contested the suit. Relationship between the parties was not denied. However, it was maintained that house in question was purchased through sale deed dated May 5, 1993 but the entire amount had been spent by defendant No.2 and the plaintiff had not contributed any amount towards the sale proceeds. Defendant No.2 further maintained that the General Power of Attorney had not been cancelled at any point of time.