R JAMUNA BAI Vs. M ANUSUYA

JUDGEMENT

(1.) This is the story of a Jinxed deed. The events of the case makes one wonder if the deed carried the curse of death with it.

(2.) One Varadaiya Chetty, owner of the suit property executed a deed on 5-6-1970. He had two wives through the first wife he had a daughter called Lakshmi Kantha. The respondents 2 to 4 are the children of the said Lakshmi Kantha. Through the second wife, Varadaiya Chetty had a son Arunachalam whose wife is the first respondent and a daughter who is the appellant herein. The appellant had a son called Ajit Kumar, now deceased. Jamuna Bai filed two suits. One was, O.S. No.2986 of 1986, which was filed for return of, original documents relating to the suit property and certain movables being National Savings Certificate. In this suit, Varadaiya Chetty alone was made as defendant. Subsequently, the other respondents were brought on record as his LRs after the death of Varadaiya Chetty. The other suit was O.S. No.2987 of 1986 which was for declaration and recovery of possession of the suit property. O.S. No.2986 of 1986 was presented on 30-8-1985 before this Court and then transferred to the City Civil Court. O.S. No.2987 of 1986 was filed on 9-3-1988 in this Court and then transferred to City Civil Court. Both the suits were heard together by the III Assistant Judge, who dismissed them. Aggrieved thereby A.S. No.151 of 1998 (O.S. No.2986 of 1986) and A.S. No.150 of 1998 (O.S. No.2987 of 1986) were filed. A.S. No.150 of 1998 was dismissed confirming the decree of the trial Court. A.S. No.151 of 1998 was partly allowed with regard to the National Savings Certificate alone, in other respects, the decree of the trial Court was confirmed. Thus the above two second appeals have been filed. S.A. No.806 of 1999 is against A.S. No.150 of 1998 and S.A. No.127 of 1999 is against A.S. No.151 of 1998.

(3.) The final decision in the second appeals will depend upon whether the deed dated 5-6-1970 was a gift and whether it came into effect. For this purpose the crucial recitals of this deed will have to be seen.