AIR 2000 (NOC) 81 (KAR) ::2000 A I H C 3987 ::(2001) 1 CivilCourtC 105 ::(2001) 1 CurCC 356 ::(2000) 6 Kant LJ 27

Karnataka High Court

Hon'ble Judge(s): Hari Nath Tilhari , J

(A) Specific Relief Act (47 of 1963) , S.34— Suit for declaration that release deed in question is null and void ab initio - Plea of plaintiff that her signature was obtained on release deed by fraud and misrepresentation - Defendant asserting ownership over property in question on basis of release deed - Burden to prove that it was executed out of free will and understanding would be on defendant - His evidence not reliable and conflicting with statements of his other witness - No attesting witness produced to prove the document - Failure by defendant to prove the payment of consideration made thereunder - Plaintiff entitled to decree claimed. (Para 14 15 16 17 18 19) (B) Registration Act (16 of 1908) , S.17— Release deed - What is - It is relinquishment of some right or benefit made in favour of a person having some interest in the property - It cannot be made in favour of a stranger. (Para 19) (C) Transfer of Property Act (4 of 1882) , S.122, S.123— Evidence Act (1 of 1872) , S.68— Gift deed - Admissibility - Passing of consideration in deed in question whereby title to prop....