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THE HIGH COURT OF KARNATAKA
MR. SACHIN SHANKAR MAGADUM, J
SRI.D.LOKANATHAN S/O S.DORAI RAJU – Appellant
Versus
A FARNANDIS S/O ANANTHARA PIALLAI – Respondent
| Table of Content |
|---|
| 1. ownership and claims against fraudulent documents. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. legal arguments and presentation before the court. (Para 7 , 8) |
| 3. court observes deficiencies in evidence and procedural adherence. (Para 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. assessment of legally established fraud allegations. (Para 18) |
| 5. final ruling on the case. (Para 19) |
ORAL JUDGMENT
2. For the sake of convenience and to avoid confusion, the parties shall hereinafter be referred to in terms of their rank before the Trial Court.
The plaintiffs, asserting themselves to be the absolute owners of the suit schedule property, instituted O.S.No.2146/2004 seeking the following reliefs:
5. Upon service of summons, defendant No.2 entered appearance and filed a detailed written statement, denying the plaint averments in toto. Defendant No.2, on the contrary, asserted that plaintiff No.1, having acquired the property under the Will dated 24.04.1980, had voluntarily executed a registered General Power of Attorney dated 27.07.1987 in favour of defendant No.1, authorising him to deal with and alienate the suit property. It was contended that defendant No.1, acting as a duly constituted at
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