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2019 Supreme(SC) 2071

L.NAGESWARA RAO, M.R.SHAH
Thulasidhara – Appellant
Versus
Narayanappa – Respondent


Advocates Appeared:
Mr. S.J. Amith,Adv Upadhyaya, Advocate, Dr. (Mrs.) Vipin Gupta, Advocate, for the Appellant; Ms. K.V.Bharathi Upadhyaya, Advocate, for the Respondent

Judgement Key Points

Certainly. Here are the key points derived from the provided legal document:

  • The jurisdiction of the High Court under Section 100 of the Civil Procedure Code is limited to substantial questions of law, and it should not reappreciate findings of fact made by lower courts (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  • The admissibility of documents such as Sale Deeds and Partition Deeds is a significant issue. Sale Deeds, especially when not signed by all relevant parties, may not be binding or may be considered sham or nominal, and their enforceability depends on whether they were acted upon and whether the sale consideration was genuine (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .

  • The status of the Partition Deed (Exhibit D4) is crucial; although it was unregistered and thus inadmissible as a registered document, it can still serve as corroborative evidence or a family arrangement, especially if it is described as a list of properties or family settlement, which may not require registration (!) (!) (!) (!) (!) .

  • The evidence indicates that the property was initially purchased by a family member and later transferred into joint family assets, with subsequent family arrangements and oral or written partitions affecting ownership rights (!) (!) (!) (!) (!) (!) .

  • The validity of the Sale Deed relied upon by the plaintiff is contested, with arguments that it was a nominal or security document, not an out-and-out sale, and that it was not signed by all relevant parties, especially the original vendor Krishnappa (!) (!) (!) .

  • The subsequent Sale Deed (Exhibit P2) was also challenged as sham, with discrepancies in the sale consideration and evidence suggesting it was not genuinely intended or acted upon (!) (!) (!) (!) (!) .

  • The courts emphasized the importance of examining the conduct of the parties, the circumstances surrounding the transactions, and the nature of the evidence to determine ownership, rather than relying solely on formal registration or documentation (!) (!) (!) .

  • The High Court's interference by reappreciating evidence and setting aside the findings of fact made by the lower courts was found to be unwarranted and exceeding its jurisdiction under Section 100 (!) (!) (!) (!) (!) (!) (!) .

  • Ultimately, the original suit was dismissed, and the judgments of the lower courts were restored, affirming the importance of proper legal procedures, genuine transaction evidence, and the limits of appellate review in factual matters (!) (!) (!) (!) (!) (!) (!) (!) .

Please let me know if you need further elaboration or specific details on any point.


JUDGMENT

M.R. Shah, J. - Feeling aggrieved and dissatisfied with the impugned judgment and Order passed by the High Court of Karnataka at Bengaluru dated 25.07.2007 passed in Regular Second Appeal No. 1033 of 2001, by which, in exercise of powers Under Section 100 of the Code of Civil Procedure, the High Court has allowed the said appeal preferred by the Respondent herein-original Plaintiff and has quashed and set aside the judgment and Decree passed by both the Courts below dismissing the suit, and consequently decreeing the suit, original Defendants have preferred the present appeal.

2. The facts leading to the present appeal in nutshell are as under:

    That the Respondent herein-original Plaintiff (hereinafter referred to as the 'original Plaintiff') instituted the suit in the Court of Munsiff and JMFC at Gubbi (learned Civil Judge, Junior Division, Gubbi) being Original Suit No. 141 of 1984 praying for the judgment and Decree in his favour to the effect that he be declared as the owner of the suit Schedule property and also for permanent injunction restraining the Appellants herein-original Defendants (hereinafter referred to as the 'original Defendants') from interfering with hi

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