B T GOVINDAPPA Vs. B NARASIMHAIAH

JUDGEMENT

(1.) This appeal by special leave is directed against the Judgment of the Karnataka High Court dated 11th March, 1973 in a suit for declaration and,possession.

(2.) The whole case now hinges on the effect of recitals made in the registered adoption deed (Exhibit D- 1) dated 15th May, 1940 on a sale deed (Exhibit P-1) dated 22nd January, 1958 made in favour of the appellant. In order to appreciate the controversy we would narrate facts which are now held proved by the lower courts and are binding on the parties. The respondent B. Narasimhaiah was adopted by Chikkahanumiah and his wife Smt. Thimmamma by a registered adoption deed (Exhibit D- 1) dated 15th May, 1940. By this document both Smt.. Thimmamma and he husband conferred not only right of co-ownership in all the properties, on B. Narasimhaiah but also agreed that none of the parties will make any alienation of the properties mentioned in the schedule annexed to this deed. Thus the adopting parents gave a right of co-ownership in favour of the adopted son and also put a restriction that they will not transfer any property during their lifetime. The relevant recitals of Exhibit D-1 are reproduced as under:

(3.) After the death of Chikkahanumiah, it appears that the relations between Smt. Thimmamma and the adopted son B. Narasimhaiah became strained. Smt. Thimmamma executed a sale deed of the property in question vide exhibit P-1 dated 22-1-1958 in favour of the appellant B.T. Govindappa. The appellant filed a suit for declaration and possession on the strength of the above sale deed. The respondent contested the suit on the ground that in the face of exhibit D-1, Smt. Thimmamma had no right to alienate the property in suit in favour of the appellant. The suit was dismissed by the Trial Court. On appeal, learned District Judge reversed the Judgment of the Trial Court and decreed the suit. The High Court in second appeal reversed the Judgment and decree of the First Appellate Court and dismissed the suit. The plaintiff appellant has come in appeal to this Court.