SESHAMMA Vs. M K CHANNAKESHAVIAH

JUDGEMENT

(1.) This plaintiff's second appeal is against the judgment and decree of the lower appellate Court reversing the judgment and decree of the trial Court.

(2.) It is necessary to state that within two months after the plaint was presented and before the written statement was filed by the defendant, the plaintiff passed away and since then she is represented by her legal heirs.

(3.) The plaintiff presented the suit praying for a declaration that a deed of gift dated 13-9-65 registered as No. 1877 of 1965-66 in Book 1, Vol. 2028 at pages 118-121 in the office of the Sub-Registrar, Bangalore City North to be null and void and the same had been obtained by misrepresentation fraud and undue influence by the defendant and for other consequential prayers such as awarding of costs etc.