V VENKATARAMAYYA Vs. B VENKATESWARA RAO

JUDGEMENT

(1.) The Appellant filed the suit for declaration of his title and for recovery of possession of the suit properties by virtue of a gift deed in his favour said to have been executed by one Narasaiah under Ex.A-1 dated 9-3-70. The respondent resisted the suit and contended that he is the adopted son of Narasaiah and that the alleged gift in favour of the plaintiff is not true, valid and binding on the defendant.

(2.) The trial court decreed the suit holding that there was no adoption of the respondent by late Narasaiah and it was further held that the properties gifted under Ex.A-1 are the separate properties of Narasaiah. It was further held that the gift deed in favour of the plaintiff was true, valid and binding on the defendant. On appeal by the respondent, the judgment and decree of the trial court was set aside, holding that the respondent is the adopted son of Narasaiah, that the properties under Ex.A-1 were the joint family properties of late Narasaiah and the respondent and that Ex.A-1 is void, inasmuch as Narasaiah being a co-parcener, could not gift the joint family properties.

(3.) Sri G.V.N. Sastxy, learned counsel for the appellant contended that the alleged adoption is not true and there is no documentary evidence to that effect. He further argued that there is no proof that the nucleus owned by Narasaiah was sufficient to acquire the property covered by Ex.A-1 and that there was no proof that the said property was blended with the joint family properties. For this proposition he placed reliance on V. Venkataswamy vs. V. Radhakrishna Reddy, B. Subba Reddy vs. B. Nagireddy and Vevkata Raju vs. Edukondalu and it was further contended by the learned Counsel that under old Hindu Law, the proposition that gift by a co-parcener is void, is set at naught by S.30 of the Hindu Succession Act, 1956.