BADUGU VENKATA DURGA RAO Vs. SURNENI LAKSHMI

JUDGEMENT

(1.) Aggrieved by the Judgment and Decree dated 10-07-1986 in O.S.No. 191 of 1986 on the file of the Court of the Subordinate Judge, Nuzvid, (O.S.No. 452 of 1979 on the file of the Court of Subordinate Judge, Vijayawada), the defendants in the suit have preferred this appeal.

(2.) During the pendency of the appeal, the second appellant i.e., 2nd defendant died. Since first appellant, i.e., first defendant who is the son and legal representative of the deceased second appellant, is already on record he continued the proceeding. Appellants hereinafter would be referred to as defendants.

(3.) Sole respondent herein, who is the 2nd plaintiff in the suit is the widow of S. Rama Rao and was brought on record, in the trial Court after the death of the sole plaintiff S. Rama Rao, who hereinafter, would be referred to as the deceased, Respondent would hereinafter be referred, to as the 2nd plaintiff. The deceased filed the suit for declaration of his title to the properties described in Plaint 'A' and 'B' schedules (hereinafter called the suit properties) and for a consequential injunction restraining the defendants from interfering with his possession and enjoyment thereof, alleging that he purchased the suit properties under various sale deeds and was leasing them out to others including the second defendant, and taking advantage of his weak intellect and gullible nature, second defendant, on the pretext that he would pay the arrears of rent payable to him there, took him to Vijayawada on 15-4-1975 and kept him in wrongful confinement in the house of D. Bhadraiah, and coerced him to sign some documents and promissory notes and other papers by beating him with sticks all over his body, and obtained his signatures thereon and took him to Machilipatnam on the next day and managed to get a document registered, and took him back to Vijayawada and again kept him in wrongful confinement, and obtained his signatures under coercion on 29-5-1978 and was again taken to Machilipatnam on 30-5-1978, when another document was got registered under coercion, and in between the two dates of his being taken to the Registrar's Office at Machilipatnam, his signature on the reverse of a promissory note executed by the second defendant in his favour, which he kept in the custody of Shaik Ameena Bee of Chandragudem, was obtained, and was later taken to Eluru, and was kept in wrongful confinement there, and from Eluru he was taken to Mailavaram Police Station on 30-6-1978, where his signatures were obtained on some other papers, and from there he was taken to Vijayawada in a car, and was kept in wrongful confinement for about four months, from where he could manage to escape some how and return to Borragudem on 31-10-1978, and informed Chalikari Rama Rao, his paternal aunt's son, as to what had happened, and subsequently obtained copies of the documents got registered and came to know that they are sale deeds in respect of the suit properties in favour of the first defendant, who is the minor 4th son of the second defendant. Since, he had no necessity to sell the suit properties, and since the alleged sale deeds dated 6-4-1978 and 29-5-1978 were obtained under coercion, and are devoid of consideration, sale deeds dated 6-4-1978 and 29-5-1978 were cancelled under separate cancellation deeds dated 3-11-1978, and the same was informed the deceased by sending the cancellation deeds. Hence, the suit.