BENCH AT KALBURAGI
ANNAPURNA AND ORS – Appellant
Versus
HANAMANTH – Respondent
The present second appeal by the plaintiffs assailing
the concurrent findings of the courts below, wherein, the
suit of the plaintiffs for declaration seeking cancellation of
sale deed dated 04.02.2008 executed by deceased
Shrishailayya S/o Neelkanthayya Math, the husband of the
plaintiff No.1 and father of plaintiff Nos.2 and 3 came to be
dismissed by the courts below.
The parties are referred to as per their rank
before the trial court for the sake of convenience.
Brief facts of the case are that, the plaintiffs
filed suit for declaration seeking cancellation of sale deed
dated 04.02.2008 executed by deceased Shrishailayya,
the husband of the plaintiff No.1 and father of plaintiff
Nos.2 and 3 in respect of the suit land bearing Sy.No.26/1
measuring 05 acres 20 guntas in favour of defendant No.1
and restraining defendant No.2 from mutating the name of
defendant No.1 in the revenue records. It is the case of
the plaintiffs that sale deed executed by deceased
- 4 -
Shrishailayya in favour of defendant No.1 was by obtaining
fraud and the signature of the deceased Shrishailayya was
taken in a drunken state of mind and the said sale deed
has been obtained by fraud and misreprese
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