RUDRAGOWDA YESHVANTGOWDA Vs. GANGOWDA BASAGOWDA PATIL

JUDGEMENT

(1.) This is an appeal against a decree of the learned First Class Subordinate Judge of Belgaurn, dated March 9, 1933, dismissing the plaintiffs' suit No. 353 of 1931. The suit was brought by the plaintiffs to recover Rs. 14,500 with future interest at ten per cent, from the defendant alleging, in substance, that he had committed breach of a contract dated November 10, 1925, by filing a written statement in suit No. 475 of 1925, and by deposing in contravention of the terms of the agreement of the aforesaid date. The cause of action was expressly based in the plaint on the dates, when the written statement was filed in June, 1927, and when the deposition was :given sometime at the beginning of the year 1929. The reliefs claimed were recovery of Rs. 8,000 paid at the time of the agreement and Rs. 6,500 in addition, which amounts, the plaintiffs alleged, they were entitled to recover from the defendant by reason of the alleged breaches. Plaintiff No. 1 has described himself as Rudragouda, genitive father Yeshvantgouda, adoptive father Pirgouda Patil of Anantpur. That description appears to have been so given by reason of the fact that plaintiff No. 1 was alleged to be the adopted son of one Pirangouda, but his adoption was held not proved in suit No. 475 of 1925 and an appeal was pending against that decision on the date of the present suit.

(2.) The defence of the defendant was principally that the agreement which he admitted to have executed was illegal and void and that the same was not executed by him voluntarily but was the effect of coercion brought to bear upon him by plaintiff No. 1's father who had launched a criminal complaint at the date of the agreement, presumably for forgery. He pleaded other defences also which are not material for the purposes of this appeal.

(3.) The learned Judge framed seven issues of which the material issues now would be issues Nos. 3, 4 and 5.