Y LAXMI PRASANNAM Vs. Y NARASAYYA

JUDGEMENT

(1.) O. S. No. 14 of 1962 was filed in the Court of the Subordinate Judge, Machilipatnam, by the wife against her husband (defendant No. 1) husbands adopted son (defendant No. 2) and husbands brother (defendant No. 3) for the recovery of possession of the two items of plaint A schedule properties which consisted of wet land measuring Ac. 6-88 cents in Medur village, and for past and future mesne profits, on the basis or the registered gift-deed dated 11-9-1951 executed in her favour by her husband, defendant No. 1,

(2.) The defendants resisted the suit contending that the said gift deed was executed under coercion and was, therefore, not valid and binding on them. Defendant No. 2 claimed rights to the plaint schedule properties of defendant No. 1 as the adopted son of D-l. Defendant No. 3, the brother of defendant No. 1, claimed rights to some of the properties of the 1st defendant on the basis of certain gift deeds.

(3.) The trial Court held that the gift-deed, on the basis of which the plaintiff had claimed the plaint schedule properties, was executed and registered under coercion by the plaintiff and was, therefore, not binding on the defendants. The trial Court, accordingly, dismissed the plaintiffs suit.