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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Kamala, W/o Chanappa – Appellant
Versus
D.Nagendra Kamath, S/o Late K.Devappa Kamath – Respondent
ORDER :
M. NAGAPRASANNA, J.
The petitioner is before this Court calling in question the judgment and decree dated 13-03-2015 passed by the XIV Additional City Civil and Sessions Judge, Bengaluru in O.S.No. 8495 of 2014 on the score that they are obtained by fraud and execution proceedings instituted thereon.
2. Fact, in brief, germane are as follows: -
2.1. The petitioner purchases schedule property by way of a registered sale deed on 14-02-1991. Pursuant thereto, she has been put in possession of the property. The subject matter of the property is site bearing No.25, PID No.18-07-25 measuring 40”x60” situated at Ashtagrama House Building Cooperative Society approved layout in Magadi Road, Bengaluru. All the revenue entries thereafter are in the name of the petitioner. It is a vacant land and portion of the schedule property is temporarily being used by Kamakshipalya Traffic Police Station and they are said to have put up asbestos sheet shed measuring 22’6”x31’6” on the schedule property.
2.2. When things stood thus, it appears respondent No.1, a total stranger to the property, files a suit in O.S.No.8495 of 2014 against the 2nd respondent depicting him to be the power of attorney holde
Fraud vitiates all transactions; unregistered agreements do not confer title or interest in property, and judgments obtained through fraud can be quashed by the High Court under Article 227.
(1) Rights of POA Holder – POA Holder cannot execute agreement to sell on behalf of Principal where POA is not irrevocable.(2) Interpretation of Documents (POA) – While construing a document, a reade....
Civil Procedure Code, 1908 – Order 21 Rules 97, 98 and 101 – Execution of decree – Mutation entry in revenue records does not create title nor has any presumptive value on title, but only enables the....
(1) Rejection of plaint – Suit cannot be dismissed merely on the ground of insufficient Court fee – Law mandates that Plaintiff be afforded opportunity to rectify such deficiency.(2) Agreement to sel....
The main legal point established in the judgment is the limited scope of the High Court's revisional jurisdiction under Section 115 of the CPC, which focuses on the lower court's jurisdiction and not....
In absence of a deed of conveyance no right title or interest in an immoveable property can be transferred
No right, title, or interest in immovable property can be conferred without a registered document, validating the necessity for registration per applicable laws.
An unregistered agreement to sell immovable property does not confer ownership rights; registration is mandatory for valid transfer of title.
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