NEELAMSETTI KATAJI RAO Vs. REGATI RAMARAJU

JUDGEMENT

(1.) This is an appeal by the defendants in O.S.No. 8 of 1983 on the file of the Court of the I Additional Subordinate Judge, Visakhapatnam. For the sake of convenience, the parties hereinafter would be referred to as they are arrayed in the trial Court.

(2.) The suit is filed by the respondent(plaintiff) against the appellants (defendants) for cancellation of the sale deed dated 30-03-1978 registered on 18-07-1981 in the Registrar's Office, Visakhapatnam, i.e., Ex. B-4. The case, in brief, of the plaintiff is that his father Govinda Rao was the divided brother of Venkata Lakshmi Narayana Rao (hereinafter called 'the deceased'), who after partition with his brother, acquired properties including the property described in the schedule appended to the plaint (for short 'the suit property), and died unmarried and issueless, bequeathing the suit property to him under the Will dated 27-10-1974 executed in a sound disposing state of mind. After the death of the deceased, plaintiff demanded rent from the tenants of the suit property, who informed him that defendants are claiming rents from them on the ground that they purchased the suit property from the deceased. Thereupon, he issued a notice to the defendants for which defendants sent a reply alleging that they purchased the suit property from the deceased under a registered sale deed dated 30-3-1978. Since the deceased was not mentally stable from December, 1977, and was not in a position to look after his affairs, and was a puppet in the hands of one M. Kameswara Rao, the sale deed dated 30-3-1978 in respect of the suit property, being relied on by the defendants, must have been obtained by the defendants by playing fraud or misrepresentation, and the same is also not supported by consideration. There are several material alterations in the said sale deed also. Hence the suit to set aside the said sale deed date's 30-3-1978 said to have been executed by the deceased in favour of the defendants.

(3.) Defendants filed a common writtenstatement denying the allegations in the plaint, including the execution of the Will by the deceased, and alleging that after negotiations with them the deceased sold the suit property for Rs. 1,85,000/- under a registered sale deed dated 30-3-1978 (Ex. B-4) and received Rs. 68,500/- on various dates prior to execution of sale deed, Rs. 36,500/- at the time of execution of the sale deed and Rs. 80,000/- by way of a Demand Draft on 30-3-1978, and delivered possession of the suit property and presented the sale deed for registration on the same day. As permission to sell the suit property sought by the deceased from the Urban Land Ceiling Authority was not granted the sale deed was not registered. Therefore, the deceased filed W.P.No. 4981 of 1980 for a direction to the Joint Sub- Registrar, Visakhapatnam, to register the sale deed dated 30-03-1978. After the said writ petition was allowed the document was registered. The sale deed dated 30-03-1978 is supported by consideration, and is not vitiated by fraud or misrepresentation, and was not brought into existence by M. Kameswara Rao as alleged and so the suit is liable to be dismissed.