KANKANALA VENKATA SUBBAIAH Vs. KANKANALA RATHAMMA

JUDGEMENT

(1.) These petitions are by the plaintiff-appellant in A. S. No. 571/ 69. The former one is to record the award made by the arbitrators and filed into court on 8-3-1972 in the form of a memorandum and pass a decree in terms thereof. The latter is an application to record compromise according to the terms and conditions mentioned in the said memorandum of compromise.

(2.) The material facts leading to these applications may briefly be stated: the petitioner-appellant instituted a suit O. S. No. 42/63 against his wife, the 1st respondent and the 2nd respondent, her sister and four others in the Court of the Subordinate Judge, Ongole for declaration of his right to enjoy the plaint schedule properties during his lifetime and for delivery of their possession and for future profits. The basis for his claim was a registered settlement deed Ex. A-l executed on 7-2-1960 by his father-in-law, Bandaru Seshaiah where under life estate was given to him and the remainder to his son K. Anjaneyulu and other male children that would be born to him.

(3.) The suit was resisted by the respondents 1 and 2 contending inter alia that the settlement deed was executed by their father, Bandaru Seshaiah and it was vitiated by misrepresentation made to him and fraud played on him by the plaintiff and it was revoked by a deed dated 9-8-1960 and another settlement deed was executed by their father on 17-8-1960 gifting the suit properties to them and the defendants 3 to 6 are their lessees and the plaintiff had no manner of right.