YELLAMILLI SATYANARAYANA MURTHY Vs. BOKKA RAMACHANDRARAO

JUDGEMENT

(1.) This Second Appeal is filed by the plaintiff in O.S.NO.78 of 1987 on the file of the learned Senior Civil Judge, Amalapuram, East Godavari. He filed the suit for the relief of declaration of title and recovery of possession, in respect of three items of property indicated in the schedule.

(2.) One Bonthu Bulleyya was the maternal uncle of the appellant and the respondent. He is said to have executed a deed of settlement, way back on 20.04.1956 retaining life interest in the properties referred to therein, and creating vested remainder, in favour of the respondent. The appellant pleaded that late Bulleyya executed another deed of settlement on 29.06.1985, marked as Ex.A.1, by retaining the life interest in respect of 60 cents of land in three different Survey Numbers in himself and creating vested remainder in favour of the appellant. It was alleged that under the influence of the respondent herein, the said Bulleyya executed a revocation deed, dated 07.08.1985, and a corresponding settlement deed in favour of the respondent on the same day, marked as Exs.B.21 and B.22 respectively. Pleading that the settlement deed Ex.A.1 could not have been revoked, except by filing the suit, the appellant prayed for declaration of title, and for recovery of possession.

(3.) The respondent resisted the suit and pleaded that the appellant brought about Ex.A.1 through acts of misrepresentation and undue influence on late Bulleyya and when the latter realized it, he took remedial steps by executing a deed of revocation and a subsequent settlement deed. The trial Court dismissed the suit through its judgment, dated 07.07.1995. Aggrieved thereby, the appellant filed A.S.No.75 of 1995 in the Court of the learned II Additional District Judge, East Godavari at Rajahmundry. The appeal was dismissed on 24.10.2000. Hence, this Second Appeal.