K M SUBBAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal by defendants 2 to 5 in O.S.No.110 of 1970 on the file of the Civil Judge, Civil Station, Bangalore, has been preferred against the judgment and decree made therein.

(2.) The material facts giving rise to this appeal briefly stated, are as follows: The appellants (defendants 2 to 5) are the children of one Capt. Subbaiah, 1st defendant in the suit and the 2nd respondent herein. They were the children by his first wife, Kamalamma, who died in the year 1960. The 6th defendant in the suit and the 3rd respondent herein is one Sharada, second wife of the said Capt. Subbaiah. Subbaiah's mother was one Sqerthamma, who died on 14-5-1857. The father of Subbaiah, one Ramakrishna Bhatta, was possessed of some joint family properties in a village called Gunjur near Bangalore. Ramakrishna Bhatta and his wife Seep thamma were stated to be versed in Astrology and had extensive practice in that profession. It is in evidence adduced on behalf of the defendants, that their income from this source was being kept at home and it had amounted to some lakhs. Seethamma, the mother of the 1st defendant and the grandmother of the appellants, is alleged to have been carrying on money lending business, on her own and in the name of her daughter-in-law, Kamalamma, wife of Capt. Subbaiah. Subbaiah entered public service and was a surveyor from 1938 to 1941. From the year 1943 to 1945, he was an SDO in the Military Engineering Service on a salary of Rs.250 per mensem. Between the years 1945 and 1948, he was unemployed. From 1948 to 1956. he was in the Armed Forces as a" Second Lieutenant and er.ded as Captain. Thereafter from 1956 he was a Divisional Engineer in the South Eastern Raiway. Between the years 1958 and 1961, he was unemployed. Thereafter he was in service up to 1963 as a Senior Resident Engineer ir the National Building Construction Corporation on a salary of Rs.1,000 per mensem. Sometime during his service as Divisional Engineer, South Eastern Railway, he was prosecuted under the provisions of the Prevention of Corruption Act on the allegation that he was possessed of assets disproportionate te his known sources of income and that he had acquired suit properties in the names of his children, appellants here in. He was convicted by the Special Judge and the said conviction was affirmed by the High Court of Patna in Crl. App.No.410 of 1863; but on appeal to the Supreme Court, he was acquitted by its judgment dated 28-4-1969.

(3.) The properties concerned in this suit were purchased in the names of the appellants by sale-deeds dt.5-8-1957, 9-8-1957 and 18-11-1957. The said sale deeds have been produced and marked as Ex.P.34, Ex.P35 and Ex.P.36. All these sale deeds were in favour of the appellants herein. The consideration that passed under the sale deeds was Rs.27,000, Rs.80,000, and Rs.28,000 respectively. The entire consideration has been shown to have been paid by the first defendant Capt. Subbaiah, father of the appellants, except for a sum of Rs.25,000, in regard to Ex.P36, which is shown, to have been paid by Kamalamma, mother of the appellants and wife of the first defendant.