Point of Law: Section 111 of Evidence Act States as proof of good faith in transactions where one party is in relation of active confidence.

JUDGMENT :

The above second Appeal is filed by the Defendant under Section 100 of the CPC (hereinafter referred to as the 'CPC') challenging the judgment and decree dated 19.1.2013 passed in RA.No.83/2012 by the Fast Track Court-II at Bidar, Camp at Bhalki (hereinafter referred to as the 'first Appellate Court') and the judgment and decree dated 9.7.2012 passed in OS.No.32/2008 by the Senior Civil Judge, Bhalki, (hereinafter referred to as the 'Trial Court') and to dismiss the suit of the Plaintiff.

2. For the sake of convenience, the parties herein are referred to by their rank before the Trial Court.

3. It is the case of the Plaintiff that property bearing No.195/2, measuring 7 Acres, situated at Bhalki (hereinafter referred to as the 'suit property') was purchased by her father through his own earnings in the name of her mother Nirmaladevi vide registered Sale Deed dated 18.12.1997. The Plaintiff being the only daughter of her parents, the said property was gifted in her favour by a registered Gift Deed dated 2.5.2005 and hence she is the absolute owner of the suit property. That the Plaintiff got married to the Defendant on 24.11.2004 and they have a daughter born from the said marriage. That the Defendant has taken money on many occasions from the father of the Plaintiff and the Defendant was also given a car and gold by the father of the Plaintiff. That the Defendant stating that he is taking a loan from the bank to improve the suit property for which the Plaintiff is required to mortgage the suit property in favour of the bank, brought her to the Sub Registrar's office and by playing fraud and misrepresenting her, has created the alleged Gift Deed in his favour in respect of the suit property and without disclosing the real facts asked her to put her signature on the document. The Plaintiff believing the words of her husband i.e., the Defendant has not gone through the contents of the document and signed the alleged Gift Deed, consequent to which, the Defendant has his name entered in the revenue records.

4. That after succeeding to get the Gift Deed in his name, the Defendant has turned hostile to the Plaintiff and has addicted to bad habits like, drinking and gambling and started neglecting the Plaintiff and has been torturing her to bring money and gold from her father. When the parents of the Plaintiff advised the Defendant to leave the bad habits, he threatened to alienate the gifted land which is standing in his name by virtue of the Gift Deed. It is then that the Plaintiff got to know about the Gift Deed got executed by the Defendant and thereafter, on 22.10.2008 the Plaintiff and her father have approached the office of the Sub Registrar to verify the records. After confirming the same and when the Defendant refused to cancel the Gift Deed, the Plaintiff filed the suit seeking for the following reliefs :

"(a) It be declared that, the Plaintiff is the owner and possessor of suit land Sy.No.195/2 measuring 7 Acre situated at proper Bhalki within the boundaries as shown in subject matter.

(b) That, the defendant be perpetually restrained from causing illegal interference and obstruction in the peaceful possession and enjoyment of the Plaintiff over the suit land.

(c) A decree be passed for cancellation of gift deed bearing document No.3026/06-07 dtd: 21.8.2006 executed by the Plaintiff in favour of the Defendant at S.R.O Bhalki.

(d) A decree be passed in favour of Plaintiff by issuing necessary directions to the Sub Registrar, Bhalki for cancellation of alleged Gift Deed bearing document No.3026/06-07 dtd: 21.8.2006 in their concerned records of the suit land.

(e) A decree be passed in favour of Plaintiff by issuing necessary directions to the Revenue Authorities for correction of records of rights in respect of suit land by deleting the name of Defendant from Col.No.9 and 12/2 and entering the name of Plaintiff in the RoR of the suit land.

(f) Cost of the suit be awarded to the Plaintiffs.

(g) Any other equitable relief/s to