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Judgment 28 O.S. No. 10895/1985

13. The defendant No.7 filed written statement submitting that the suit of the plaintiff against him with respect to suit schedule item No.3 and 11 is not maintainable either in law or in facts. He has no personal knowledge about relationship between the parties and acquisition of schedule property. He has no knowledge about joint family nucleus and joint possession and cause action. The allegations made against him (defendant No.7) regarding denial of execution of sale deed in favour of defendant No.7 and denial of acceptance of sale consideration and denial of his signature on the sale deed and other allegations of impersonation etc., are denied. The plaintiff has no any manner of right or interest over the suit items 3 and 11 in any manner. The defendant submits that suit item No.3 and 11 i.e., the land Sy.No. 91/4 measuring 7½ guntas and Sy.No.102/3 measuring 1A-1Gs situated at Nagavara village, Kasaba hobli, Bangalore North taluk belong to him (defendant No.7) and he is in peaceful possession and enjoyment of the said properties. He has purchased the said properties under registered sale deed dated 07/03/2001 from the defendant No.1 and the plaintiff for valuable sale consideration. After the purchase he (defendant Judgment 29 O.S. No. 10895/1985 No.7) got converted the said lands from agriculture to non- agriculture purpose. Thereafter he obtained building plan and khatha from the competent authority by paying requisite fee, betterment charges etc., The defendant No.7 submits that at the time of purchase of the said properties the defendant No.1 has approached him (defendant No.7) under the capacity of the manager of their family and also as a khatha holder making assurance that he is the competent person to sell the said lands and accordingly he offered to sell the above said lands and at that time the plaintiff, defendant No.2 and their family members were also present on the date of negotiation of the said land and furnished all the documents. Though the documents pertaining to the said lands stands in the name of defendant No.1 the defendant No.7 requested him to get signatures and consent of all the family members and interested parties to the sale deed to avoid unnecessary disputes in future and accordingly the defendant No.1 has agreed to execute the sale deed in favour of defendant No.7. At the time of negotiations the plaintiff and defendant No.1 furnished Xerox copies of 8 documents which are certified copy of registered settlement deed dated 14/06/1948 Judgment 30 O.S. No. 10895/1985 mutation register, inheritance case register extract, RTC, tax paid receipts, genealogy tree, nil encumbrance certificate, endorsement from KHB and assured that no any other persons are having any sort of right or interest over the same and they were in urgent need of funds for discharge of family debts and to invest for better earnings etc., have offered to sell. As such he (defendant No.7) has purchased the above said properties and paid the entire sale consideration in favour of defendant No.1 and the plaintiff though account payee cheques of Rs.2,37,500/- by cheque in favour of defendant No.1 and Rs.2,37,500/- by cheque in favour of plaintiff, both the cheques drawn on CITI bank, M.G. Road branch, Bangalore. The said cheques have been encashed by them. The family members of the plaintiff and defendants namely Smt. Ramakka/defendant No.2 and one Srinivasa Reddy, Ravichandra, Sharada, Thyagaraju, Sudhakar have also signed to the said deed as consenting witnesses and admitted the sale transaction. After verifying all the records and by believing the promises and assurances made by the plaintiff and defendant No.1, he has purchased the said lands for valuable sale consideration and hence he is the bonafide purchaser.

36. The defendant No.7/Lalith Kumar filed his affidavit evidence in lieu of examination in chief as DW.2 and deposed evidence that suit item No.3 and 11 i.e., the land Sy. No. 91/4 measuring 7½ guntas and Sy. No.102/3 Judgment 70 O.S. No. 10895/1985 measuring 1 acre 1 guntas situated at Nagavara village, Kasaba hobli, Bangalore North taluk belong to him [DW2] and he is in peaceful possession and enjoyment of the said properties. He has purchased the said properties under registered sale deed dated 07/03/2001 from the defendant No.1 and the plaintiff for valuable sale consideration. After the purchase he (DW.2) got converted the said lands from agriculture to non-agriculture purpose. Thereafter he obtained building plan and khatha from the competent authority by paying requisite fee, betterment charges etc., The plaintiff submits that at the time of purchase of the said properties the defendant No.1 has approached this defendant under the capacity of the manager of their family and also as a khatha holder making assurance that he is the competent person to sell the said lands and accordingly he offered to sell the above said lands and at that time the plaintiff, defendant No.2 and their family members were also present on the date of negotiation of the said land and furnished all the documents. Though the documents pertaining to the said Judgment 71 O.S. No. 10895/1985 lands stands in the name of defendant No.1, he [DW2] requested him to get signatures and consent of all the family members and interested parties to the sale deed to avoid unnecessary disputes in future and accordingly the defendant No.1 has agreed to execute the sale deed in his [DW2] favour. At the time of negotiations the plaintiff and defendant No.1 furnished Xerox copies of 8 documents which are certified copy of registered settlement deed dated 14/06/1948 mutation register, inheritance case register extract, RTC, tax paid receipts, genealogy tree, nil encumbrance certificate, endorsement from KHB and assured that no any other persons are having any sort of right or interest over the same and they were in urgent need of funds for discharge of family debts and to invest for better earnings etc., have offered to sell. As such the DW2 has purchased the above said properties. The DW.2 has paid the entire sale consideration in favour of defendant No.1 and the plaintiff though account payee cheques of Rs.2,37,500/- by cheque in favour of defendant No.1 and Rs.2,37,500/- by Judgment 72 O.S. No. 10895/1985 cheque in favour of plaintiff, both the cheques drawn on CITI bank, M.G. Road branch, Bangalore. The said cheques have been encashed by them. The family members of the plaintiff and defendants namely Smt.Ramakka/defendant No.2 and one Srinivasa Reddy, Ravichandra, Sharada, Thyagaraju, Sudhakar have also signed to the said deed as consenting witnesses and admitted the sale transaction. The DW.2 after verifying all the records and by believing the promises and assurances made by the plaintiff and defendant No.1 has purchased the said lands for valuable sale consideration and hence he is the bonafide purchaser.