Mere handing over of sale consideration by the plaintiff at the time of execution of sale deed will not in itself create a right
Cause Title : K.S. Rama Rao vs Subbalakshmi, R.S.A No. 1092 OF 2018, Karnataka High Court,
Date of Judgment/Order : 17 November, 2022
Corum : Sachin Shankar Magadum; J.
Citied: NA
Background
The Plaintiff had claimed that he and his elder brother (now deceased) had jointly purchased a property in the name of the elder brothers wife (also deceased) out of joint earnings in a hotel run by them. Plaintiff also claimed that he was in joint possession over the suit schedule property and that his brother acknowledging his contribution towards sale consideration, has made a bequeath under his will. This claim was disputed by the daughter of the elder brother.
The trial court rejected the claim stating that there is no mention in regard to the joint earning of plaintiff and his elder brother and there is no covenant indicating that the sale consideration was jointly pooled by plaintiff and his elder brother. As for the will, the trial court was of the view that the elder brother had no title over the suit schedule property and he could not have bequeathed the same.
Before the Appellate court, the plaintiff laid stress on the endorsement indicated in the sale deeds which stated that it was he the plaintiff who had handed over the sale consideration. Based on the said endorsement, he claimed that the same to proves him to have jointly invested in the property. This claim was also rejected by the Appellate court and the matter came up before the High court.
Judgment
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