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IN THE HIGH COURT OF KARNATAKA (Circuit Bench At Dharwad)
H.G. RAMESH & G. NARENDAR, JJ.
Ramachandra Monappa Kallihal - Appellant
Versus
Sunanda Tukaram Koparde - Respondent
R.F.A. No. 100149 of 2015 (DEC)
Decided On : 04-04-2016
JUDGMENT : Fraud - Property Dispute - Limitation Act - Void Document - Sale Agreement - [FRAUD] - [Property Dispute] - [Limitation Act, Article 59, Article 65] - The court held that the suit was not barred by limitation as the plaintiff came to know about the GPA and sale deed only in July/August 2012. The court concluded that the GPA was a void document and the sale deed executed by defendant No.2 in favor of defendant No.1 was non-est in the eye of law and void ab initio. The defendants failed to demonstrate the passing of any consideration, and the appeal was dismissed.
Fact of the Case:
The plaintiff claimed to be the beneficiary of an order of allotment by the Hubli Dharwad Development Authority for a property. She alleged that the defendants colluded to take advantage of her tragic circumstances and executed a fraudulent GPA and sale deed, resulting in a property dispute.
Finding of the Court:
The court found that the suit was not barred by limitation and that the GPA was a void document. It also concluded that the defendants failed to demonstrate the passing of any consideration, and the appeal was dismissed.
Ratio Decidendi: The court held that the suit was not barred by limitation as the plaintiff came to know about the GPA and sale deed only in July/August 2012. It also concluded that the GPA was a void document and the sale deed executed by defendant No.2 in favor of defendant No.1 was non-est in the eye of law and void ab initio. The defendants failed to demonstrate the passing of any consideration, and the appeal was dismissed.
Final Decision: The appeal was dismissed, and the judgment and decree of the trial Court were upheld. The defendants were not entitled to any relief, and the court ordered the dismissal of the appeal with costs quantified at Rs. 10,000/-.
1. This is a defendants' appeal being aggrieved by the judgment and decree granted by the Court of III Additional Senior Civil Judge, Hubli in O.S. No.348/ 2012 dated 02.03.2015 partially decreeing the suit of the plaintiff for declaration and possession of the suit schedule property as claimed by the plaintiff who is the 1st respondent herein. The plaintiff had not sought any relief against the defendant Nos.3, 4 and 5 nor has the Trial Court granted any relief. The appellants have not arrayed the said defendants as necessary parties - respondents before this Court.
2. For the purpose of convenience, the parties are hereinafter referred to by their nomenclature before the Trial Court.
3. The case of the plaintiff is that she was the beneficiary of an order of an allotment by the Hubli Dharwad Development Authority, who by virtue of their proceedings dated 22.10.1994 conveyed the suit schedule property but she was put in possession and enjoyment prior to the said date. That she commenced construction with the help of her husband in the year 1989-90 and had stored necessary construction material within the suit schedule property. But on account of unexpected and untimely death of her husband on 29.04.1990, the plaintiff's life took a tragic turn and as she had to single handedly bear the burden of the family commitments like education of children etc., she could not proceed further with the proposed construction.
4. It is contended that the 1st defendant who was an immediate neighbour and a good friend of her late husband tried to take undue advantage of the situation, created on account of untimely demise of her husband, and convinced the plaintiff to give him free of charge the construction material stored by her in the suit schedule property with the promise that he would supply the same when she recommenced the construction.
5. It is further contended by the plaintiff that after a gap of 5 to 6 years, the 1st defendant colluding with his son and son-in-law started pressurising her to convey the suit schedule property to them and in order to achieve the same, they tried to gain her confidence and when she resisted they started to harass and humiliate her. It is further alleged that they entered into a criminal conspiracy and conspired to finish off the plaintiff by using one of their henchmen/servant and that they kept a secret watch on her movements and ultimately on 25.01.1997 when the plaintiff was coming out of the City Corporation of Hubli around 11:00 a.m. a brutal attack was mounted upon her and the assailant emptied a big bottle of acid and when the attack was happening, she identified the presence of the 1st defendant and 2nd defendant in the vicinity.
6. It is contended by the plaintiff that passers by came to the rescue and rushed her to the nearby hospital where she was given first aid by a doctor by name Vivek Gurubasappa Yalamali. The said doctor after administration of first aid, immediately referred her for further treatment to KMC, Hubli, where she was admitted as an inpatient in the ICU between 25.01.1997 to 27.01.1997 and at around 03:00 p.m. The jurisdictional Police apprehending some eventuality recorded her statement in the presence of doctor and that she had specifically named the defendant Nos. 1 and 2 and also the unnamed assailant.
7. It is further contended that as her condition did not improve, she was shifted from KMC Hospital, Hubli to KMC Hospital, Manipal in the early hours at about 04:00 a.m. on 27.01.1997 and on reaching Manipal Hospital plaintiff was admitted into the ICU and she remained there from 27.01.1997 to 12.03.1997. Thereafter, she has been undergoing surgical procedures one after the other and she was struggling between life and death. It is further contended that she resided in several places like Bhadravati. Bengaluru, Mysore and Manipal on account of the treatment advis
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