1997 (3) TMI 619

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..... leave arises from the judgment of the learned single judge, made on February 29,1996 in R.S.A. No. 90/1983 by the Karnataka High Court. The respondents had filled a suit in the trial Court for declaration that he had purchased two plots bearing Nos. 307 and 308 admeasuring 40'x31' in Hubli town and for recovery of possession on the plea that the appellant has no manner of right whatsoever .....

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..... ment for collateral purpose? The respondent himself in an earlier suit had pleaded that it was an agreement of sale, In view of such an admission, the High Court has wrongly reversed the decree of the appellate court holding the transaction to be a real sale, In the second appeal, the High Court confirmed, in the first instance, the decree of the appellate Court. Subsequently, the High Court has r .....

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..... elevant precedents. In fact, since the respondent had claimed that it is not a sale deed but was executed for collateral purpose, it was for the respondent to establish that the sale was for real consideration and he had a valid sale deed duly executed by the appellant. The High Court wrongly placed Burden on the appellant and reviewed the order and heard the matter on merits. The entire approach .....

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