Appeal is by the defendants challenging the judgment and decree passed by the XXVII Addl. City Civil Judge, Bangalore in OS 2074/2003 on 5.8.2010.

Suit property is a part and parcel of the site said to have been allotted to the plaintiff by the Bangalore Development Authority in No.77, III Block, II Stage, RMV Extension, Bangalore. It is alleged by the plaintiff, having taken his signature and having created fraudulent documents by way of general power of attorney, the 1st defendant who is the wife of the 2nd defendant and sister in law of the plaintiff, got transferred the property in favour of the 2nd defendant. Though the transaction was not one for sale of immovable property nonetheless, the 1st defendant misusing the signatures, has got executed the sale deed in favour of the 2nd defendant. Stating that it is an illegal transaction and without knowledge of the plaintiff, and the power of attorney is illegal, plaintiff sought for a declaration to declare the sale deed executed by the 1st defendant in favour of the 2nd defendant on 25.4.2001 as illegal.

Matter was contested by the defendants. While admitting the relationship between the parties, it is stated, plaint