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2003 Supreme(Kar) 724

K.SREEDHAR RAO
NEELAKANTH – Appellant
Versus
SIDDALINGAYYA – Respondent


Advocates:
S.V.Tilgul, V.T.RAYA REDDY

K. SREEDHAR RAO, J.

( 1 ) THE appeal is filed against the judgment and decree in R. A. No. 91/91 on the file of District Judge, Bijapur arising out of the judgment and decree passed in O. S. No. 109/90 on the file of Principal civil Judge, Bijapur. The appellants are defendants 3 and 4 in the suit. The first respondent is the plaintiff. The respondents 2 and 3 are defendants 1 and 2. The plaintiff is the son of second defendant. The first defendant is the coparcener of the second defendant. The defendants 3 and 4 are purchasers of the suit lands from the first defendant under registered sale deed Ex. P. 17 and P. 18. The plaintiff contends that the property under Ex. D. I was sold by second defendant in favour of first defendant without his knowledge. The plaintiff had reposed full trust in second defendant. The second defendant took the plaintiff to Tahsildars office took his signature under the pretext as a witness to the document without informing the contents. The first defendant was totally dependent on the second defendant and had no capacity to pay huge consideration of a sum of Rs. 36. 000/- and odd towards the purchase of the suit land under ex. D. 1. Therefore, the sale de














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