Case: Shivasharanappa Vs. Sri Amarappa &amp; Others

3. The whole dispute revolves around one acre ofland allegedly purchased by thefrom one Sharabanna Wanikihal, father of respondent/defendant Nos.and husband of respondent No. 5, by way of a registered sale deed datedfor a consideration of Rs.When the defendants/ respondents were allegedly interfering with the peaceful possession and enjoyment of the property, the appellant filed O.S. No. 17 of 1994 seeking perpetual injunction in respect of the suit schedule property. On the other hand, respondent No.1 herein filed O.S. No. 72 of 1995 seeking declaration that the sale deed datedis null and void.4. The trial Court though decreed the Suit filed by the appellant for permanent injunction by restraining the respondents from interfering with the peaceful possession and enjoyment of the suit schedule property, the first appellate Court reversed the finding by allowing the appeal mainly on the basis of the earlier judgment in the suit filed by the respondent for declaration. Aggrieved by the judgment and decree passed by the 1st appellate Court the appellant carried the matter in second appeal in RSA No. 725/2001. Whereas, O.S. No. 72 of 1995 was preferred by the defendant/Respondent No. 1 for annulment of the sale deed which was dismissed by the trial Court, but the 1st appellate Court allowed the appeal thereby declaring the sale deed datedas null and void. Aggrieved thereby, thecarried the matter by filing regular second appeals before the High Court. The High Court heard both appeals of the appellant and by way of common judgment dismissed RSA No. 725 of 2001 arising out of the injunction suit and partly allowed RSA No. 726 of 2001 by directing return of property subject to refund of the sale consideration. Dissatisfied with the judgment of the High Court, the purchaser of the land is before us in this appeal.

Reasoning:
7. We have given our thoughtful consideration to the submissions made on behalf of either parties and perused the material available on record. First and foremost, the appellant fails to draw our attention to the substantial question of law which warrants interference of this Court. In respect of joint family properties when the property is sold by the kartha of the joint family defeating the interest of the plaintiff/respondent the burden heavily lies on the appellant to prove that property was sold for the necessity of joint family. In this case, the appellant failed to discharge his burden when admittedly it is a joint family property. Apart from that even the attester of the sale deed has not supported the appellant and he has gone to the extent of deposing that he has never gone to the Registrars office. Hence the High Court was perfectly right in partly decreeing the suit by directing the plaintiff to return the sale consideration as he could not prove fraud as alleged by him.8. Considering the facts and circumstances of the case in their entirety, we are of the considered opinion that the High Court has rightly dealt with the matter.