All these three appeals are disposed of by common judgment as the parties and the subject matter of the dispute are same.

1. RSA 5030/2010 and RSA 5031/2010 are filed by the respondent in RA 81 and 85 of 2008, which have been decided by the Fast Track Court-III, Ballari, by its common judgment dated 16.11.2009.

2. The appellant in R.A. 38/2006 on the file of 2nd Addl. Civil Judge (Sr.Dn.), Ballari has preferred RSA 5217/2008, aggrieved by the dismissal of the said appeal.

3. For the sake of convenience, the parties are referred to with respect to their names, Chowdamma and Nagendra. RSA 5030/2010 and RSA 5031/2010 are filed by Nagendra and RSA 5217/2008 is filed by Chowdamma.

FACTS IN BRIEF:

4. Chowdamma instituted a suit O.S 98/2005 before the II Addl. Civil Judge (Sr.Dn.) Ballari against Nagendra in respect of agricultural property measuring 7.05 acres of land in Sy.No.50(A) of Haddinagundu village, Ballari Taluka (this property is referred to as suit property hereafter) . She pleaded that her parents gave the suit property to her for her maintenance by executing a registered settlement deed on 20.01.1968. It is her absolute property. Nagendra was a stranger to her till he married her sister’s daughter in the year 2000. This Nagendra instituted a suit, O.S 339/1999 in the court of II Addl. Civil Judge (Jr.Dn.), Ballari seeking partition and separate possession of his share in the suit property. He alleged that, the said property belonged to joint family and that he was the adopted son of Chowdamma. She disputes having adopted Nagendra at any point of time. Since Nagendra married her sister’s daughter, adopting him was an impossibility as Nagendra and her sister’s daughter stand in prohibited relationship and they could not have married. Nagendra wanted to knock of the suit property and for this reason, he created a memorandum of partition, an unregistered document, and obtained her thumb impressions on the said documents. In the said document it was mentioned that he was the adopted son of Chowdamma and that the suit property was given to him. In the suit instituted by him, Nagendra played fraud on Chowdamma and reported a compromise which was accepted by the Court.

5. Chowdamma pleaded further that she was illiterate and innocent and did not have worldly knowledge. Her sister’s husband namely Subbarayudu used to look after the agricultural operations. In the year 1998, there arose differences between her and Subbarayudu, therefore he returned to his native place. In the year 1999, one Kowla Pullaiah got issued a legal notice to Chowdamma demanding specific performance of an agreement of sale in respect of the suit property. At that time, the plaintiff sought the help of Nagendra and his father Malleshappa. Assuring that they would safeguard her interest, they took her to an advocate. Chowdamma believed them and acted on their instructions. She put her thumb impressions on some papers without suspecting the malafides in the conduct of Nagendra and his father. Thus, Nagendra misused the opportunity and created a memorandum of partition in the year 1999 by using old stamp papers of the year 1997 to show as i f the memorandum of partition was executed on 05.06.1997. Actually there was no acquaintance between them at that time.

6. Chowdamma has pleaded further that based on the created memorandum of partition, Nagendra instituted a suit O.S 339/1999 in the Court II Addl. Civil Judge (Jr.Dn.) Ballari. He himself engaged a counsel for her. On the 3rd or 4th hearing date of the suit, he managed to file a compromise petition in the said suit and thus obtained a compromise decree. Later on, Nagendra took Chowdamma to the office of Sub-Registrar, and made her put her thumb impressions on the partition deed dated 01.09.1999. Based on this registered partition deed he also obtained revenue records transferred to his name, and even at that time he took her thumb impressions on some papers. Thereafter she suspected bona-fides in the co