VOKKALIGARA LAXMIAH Vs. VOKKALIGARA DEVEGOWDA

JUDGEMENT

(1.) The suit out of which the appeal arises was instituted by the first respondent for a declaration that the registered sale deed Ext. P-2 executed by Kempayya Gowda in favour of the appellant was void and not binding on the plaintiff. The facts which are now found may briefly be stated:

(2.) One Laxmayya Gowda had three sons: Ninrayya Gowda, Devayya Gowda and Kempayya Gowda ("Kempayya") . On January 25, 1955, the family properties were divided amongst the said three sons. Each of them got about 7 acres of wet land and 19 acres of Bane land. The plaintiff is the.son of Ningayya Gowda. The defendants are the sons of Devayya Gowda. Kempayya remained unmarried and was living in a portion of the house, assisted by the defendants who were living in the other portion of that house. On February 5, 1968, Kempayya sold to defendant-1 4 acres 57 cents of wet land and 15 acres 11 cents of Bane lands under a registered sale deed Ext. P-2 for Rs. 5,000. On February 15, 1968, Kempayya died. On July 8, 1968, the plaintiff challenging the validity of the sale deed, instituted the suit mainly on the ground that the sale deed was vitiated by fraud, coercion and undue influence. The plaint, however, did not contain particulars of any fraud or coercion.

(3.) Defendant-1 while resisting the suit, contended inter alia that the sale deed was executed by Kernpayya of his own free will and for a valid considertion; while defendant-2 contended that he was a tenant in possession of the B Schedule properties and therefore, entitled to be in possession.