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2001 Supreme(AP) 172

BILAL NAZKI, V.ESWARAIAH
Badrunnisa Begum – Appellant
Versus
Mohamooda Begum – Respondent


BILAL NAZKI, J.

( 1 ) THE appellant was defendant in a suit filed by the respondent being O. S. No. 306 of 1975 which was decided by IV Additional Judge, City Civil Court, Hyderabad. The suit was for reconveyance of house No. 22-8-389-1 and 2 situated at Purani Haveli, Hyderabad by executing a sale deed in favour of the plaintiff. The plaintiff s case was that she was owner of the house No. 22-8-389-1 and 2 at Purani Haveli. The defendant s husband had been dealing in money lending and he used to advance money with exorbitant rate of interest. To avoid legal complications he adopted the method of obtaining nominal, sham and formal sale deeds in respect of the properties in different names and through different persons to serve as security for the loan advanced. He also got executed rental deeds to realise the interest on the amount advanced. At no time parties intended to sell or transfer ownership of the properties under the documents executed. On or about 22-8-1969 Hasan Bin Mubarak, husband of the defendant advanced a loan of Rs. 2,000. 00 and Rs. 3,000. 00 and obtained sale deeds executed by the plaintiff s husband in favour of the brother of Hasan Bin Mubarak for the plot of la









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