A registered sale deed cannot be set aside on grounds of oral claims of fraud or coercion unless substantiated with clear evidence, and a non-payment of full consideration does not invalidate the deed.

JUDGMENT :

ASHOK S. KINAGI, J.

1. This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 10.07.2013 passed in RA No. 293 of 2009 by the Principal District Judge, Hassan.

2. For convenience, the parties are referred to based on their ranking before the trial Court. The appellant was the defendant and the respondent was the plaintiff.

3. Brief facts leading rise to the filing of this appeal are as follows.

4. The plaintiff filed a suit against the defendant for the declaration declaring that the sale deed dated 23.05.2000 is void and sought for cancellation of the said sale deed and also directing the defendant to put the plaintiff in possession of the suit property.

5. It is the case of the plaintiff that, plaintiff is the mother-in-law of the defendant. The defendant got married to the plaintiff's son, Anand. Both, the defendant and her husband were cordial and led a happy married life for 6 months and she became pregnant. It is alleged that the plaintiff met with an accident and due to which she became bed ridden. At that time the defendant was asked to do the household work. The defendant neither took care of the plaintiff, nor attended the household work. The defendant was taken by her parents to their house for sometime. By that time the defendant's husband was running an autorikshaw at Bangalore, and came to his native place and on hearing that the defendant was taken away by her parents to their house, he went to his father-in-law's house and requested them to send his wife with him and with a proper advice to the defendant that she would attend the household work. But his request was turned down by the parents of the defendant. Subsequently, one Ningappa, mediated the issue and as the result, the defendant was taken to Bangalore to her husband's house. When the defendant was at Bangalore, the father and brother of the defendant pelted stones to the house of the plaintiff and caused damage. In this regard, a panchayat was held over and the defendant was taken again back to her parents' house.

6. The plaintiff's son i.e., defendant's husband got a job in KSRTC in the month of June, 1998 and he was posted at Sakleshpura depot. The defendant lodged a complaint against the plaintiff and her son and daughter. The plaintiff and his son were arrested on 09.04.2000 and her son was arrested on 11.04.2000. Both of them were sent to judicial custody. Subsequently they were released on bail, on 13.04.2000. After the release, when the plaintiff alone was at her house, on 23.05.2000, the defendant's father and her brother and relatives came and threatened the plaintiff that she must sign the document or face the dire consequences. She was taken to some government office forcibly and took some signatures there and they left the plaintiff near her house. During June 2000, the brothers of the defendant were ploughing the suit schedule property, when questioned, they informed that the plaintiff had sold 15 guntas of her land in favour of the defendant. Based upon verification in the office of the Sub Registrar, the plaintiff came to know that the defendant got executed a registered sale deed dated 23.05.2000 regarding the suit schedule property hence, the plaintiff filed a suit for cancellation of the sale deed. Accordingly, he prays to decree the suit.

7. The defendant filed a written statement denying the allegations made in the plaint and contended that the plaintiff was the owner of the property in suit survey number and she sold a portion of said