KARNATAKA HIGH COURT
H.P. SANDESH, J
SMT. B.P.VYSHALI – Appellant
Versus
SMT. FIJA KHANAM | SRI. SUBBA RAO – Respondent
| Table of Content |
|---|
| 1. claim of ownership based on earlier sale deed. (Para 2 , 3) |
| 2. documentary evidence prevails over oral assertions. (Para 4 , 5 , 6) |
| 3. validity of sale deed negates subsequent claims. (Para 7 , 8) |
| 4. final judgment dismissing the appeal. (Para 9) |
ORAL JUDGMENT
2. This appeal is filed against the concurrent finding of the Trial Court and the First Appellate Court. The suit is filed by the plaintiff seeking the relief of declaration and possession and the very claim of the plaintiff is that she is the absolute owner of the property by virtue of the sale deed dated 08.10.2003 executed by the defendant No.1. But the defendant No.1 appeared and took the defence that sale deed dated 08.10.2003 executed was a nominal deed of sale and not acted upon the same. The plaintiff took the contention that sale deed executed by defendant No.1 in favour of defendant No.2 is null and void and not binding on her and sought for declaration and possession and additional issue was also raised, in view of defence taken by the defendant No.2, who is the appellant herein, wherein he took the contention that sale deed of the plaintiff is illegal, not acted upon and not binding on him and suit i
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