IMPORTANT POINT
A minor can be a transferee of property, and a sale deed executed in their favor is valid despite their incapacity to contract.

JUDGMENT :

G. Radha Rani, J.

This appeal is filed by the appellant – defendant No.6 aggrieved by the judgment and decree dated 06.11.2023 passed in O.S.No.783 of 2019 by the Principal District Judge, Rangareddy District at L.B.Nagar, Hyderabad.

2. The respondent No.1 is the plaintiff.

3. The plaintiff filed the suit for declaration of title over the suit schedule property and for cancellation of registered sale deed document No.10178 of 2018 dated 24.10.2018 executed between defendants 1 and 2 and to cancel the registered sale deed document No.3612 of 2019 dated 04.04.2019 executed between defendants 2 and 6 by declaring the same as null and void and not binding on him and for recovery of possession of the suit schedule property by awarding costs of the suit.

4. The plaintiff stated that he purchased a plot bearing No.165 admeasuring 267 square yards equivalent to 223.3 square meters situated in Survey Nos.48 and 49, Bandlaguda Village, Rajendranagar Taluk, Rangareddy District by virtue of a registered sale deed document No.614 of 1982 registered in the office of the Joint Sub-Registrar-I, RO, Rangareddy District on 21.01.1982. The plaintiff purchased the same after verifying the layout of defendant No.3. The defendants 3 and 4 delivered the physical and actual possession and from the date of registration, the plaintiff had been in continuous possession. It was an open plot. The plaintiff was a resident of Australia and a Non-Resident Indian (for short “NRI”). Whenever he visited Hyderabad, he used to visit the suit schedule property. On 16.02.2019, when he visited the suit schedule property, he found that someone had dug a trench around the property. The plaintiff obtained Encumbrance Certificate (for short “EC”) from the Joint SubRegistrar-II, Rangareddy District and found that there was Nil Encumbrance. The plaintiff found that there were no encumbrances for the period from 01.01.1980 to 31.12.1982 except showing the names of defendant No.3 and the plaintiff. He went to the office of the Sub-Registrar, Rajendra Nagar and found Nil Encumbrance. Then, he obtained Encumbrance Certificate from the SubRegistrar, Gandipet and found that a sale transaction took place between defendants 1 and 2 in the office of the Sub-Registrar, Gandipet. Therefore, the plaintiff obtained a certified copy of the registered sale deed document No.10178 of 2018 dated 24.10.2018 and found that it was appearing on the face of the said document that it was forged and created with a malafide intention to knock away the suit schedule property since the plaintiff was an NRI. Hence, the said registered sale deed was liable to be cancelled and prayed to declare his title over the suit schedule property.

4.1. The plaintiff further contended that the defendant No.5 had misused the power in registering the plot on presenting the document by defendants 1 and 2 without perusing the link documents. Taking advantage of his NRI status, the said document was created / fabricated by defendants 1 and 2 in collusion with defendant No.5 to knock away the property. As such, he gave a General Power of Attorney (for short “GPA”) in favor of his brother Sri P.Vinod Kumar to act on his behalf and requested his advocate to issue a legal notice to all the defendants. The plaintiff got issued a legal notice dated 02.03.2019 to all the defendants to take necessary steps to cancel the registered sale deed document No.10178 of 2018 dated 24.10.2018 with immediate effect. The legal notices sent by the plaintiff’s counsel to the defendants 1 to 5 were received by them. But they did not choose to give reply, hence, filed the suit.

4.2. The plaintiff further submitted that on filing I.A.No.90 of 2020 by defendant No.6, he came to know that the defendant No.6 had purchased land bearing Plot No.165 in Survey Nos.48 and 49 admeasuring 267 square yards situated at Bandlaguda Jagir Village and Gram Panchayat, Gandipet Mandal, Rangareddy District. In the sale deed document No.10178 of 2018 dated 24