(1.) This is an appeal by the 2nd defendant in a suit filed by the 1st respondent as an indigent person for declaration of her title to the plaint 'A' schedule properties or in the alternative for a mandatory injunction to the 1st defendant to execute a gift deed in her favour in respect of plaint 'A' schedule properties. During the pendency of this appeal 1st respondent died and so respondents 2 to 5 were brought on record as her legal representatives.
(2.) For the sake of convenience, parties to the appeal would hereinafter be referred to as they are arrayed in the trial Court.
(3.) The case of the plaintiff, in brief, is that she is the only daughter of 1st defendant, the adopted son of Subbaiah. At the time of her marriage, 1st defendant announced a gift of Ac.4.28 cents described in the plaint 'A' schedule (suit property) towards pasupukumkuma, as per the caste customs prevailing in the kamma community to which they belong, in the presence of witnesses and invitees to the marriage, promising to execute the necessary deed in her favour in future. After her marriage, 1st defendant became addicted to vices like drinking, gambling etc., and started spending the income derived from the suit property and even started neglecting her mother, who was deaf and had eye: trouble, and finally drove her out of his house and refused to provide maintenance to her and began spending the entire income for his vices. Though she personally, and through mediators also, requested him to pay the income from the suit property and execute a registered gift deed in her favour, 1st defendant refused to do so and is trying to alienate the suit property. Hence the suit.