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2023 Supreme(SC) 773

HIMA KOHLI, RAJESH BINDAL
Prakash (Dead) By Lr. – Appellant
Versus
G. Aradhya – Respondent


Advocates appeared:
For the Appellant(s) : Mrs. Kiran Suri, Sr. Adv. Mrs. T S Shanthi, Adv. Mr. Narendra Kumar, AOR
For the Respondent(s): Mr. Aditya Sondhi, Sr. Adv. Mr. Vikas Mehta, AOR

JUDGMENT :

Rajesh Bindal, J.

1. The appellant has filed the present appeal before this Court impugning the judgment1[Dated 09.12.2009 in RFA No.969/2000] of the High Court of Karnataka at Bangalore by which the Appeal2[O.S. No.3752/1987 dated 23.08.2000] filed by the appellant against the judgment and decree of the trial Court was upheld.

FACTS

2. The facts, as evident from the record, are that on 16.10.1963 a property measuring 30 ft. x 60 ft. was purchased by the father of the appellant, Gangaramaiah, in the name of the appellant, who was minor at that time. On 24.12.1973 the father of the appellant, Gangaramaiah sold the aforesaid property to one Rudramma for a sum of Rs.5000/- (Rupees Five Thousand). The age of the appellant, who claimed himself to be minor at that time, was mentioned as 13 years. On the same day, another unregistered document was executed between the parties claiming to be Reconveyance Deed in terms of which on the request of the vendor, the vendee had agreed to re-transfer the property back within five years of the Sale Deed in case the sale consideration of


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