PATIBANDA SOMA SUNDARA RAO Vs. CHILAKAMARTHI MOHANA RAO

JUDGEMENT

(1.) THE appellant-Patibanda Soma Sundara Rao questions the correctness of the judgment rendered by i Additional Senior Civil Judge, Vijayawada, who allowed the appeal filed under Section 96 of Code of Civil Procedure, 1908 (in short the Code ).

(2.) THE appellant was the plaintiff in o. S. No. 1220 of 1990 on the file of Principal district Munsif, Vijayawada. He filed the suit against Chilakamarthi Mohana Rao, respondent herein, and his son Chilakamarthi ravi Kumar being minor represented by his mother-Valli Mohan for cancellation of the sale deeds dated 21. 12. 1981 executed by late Patibanda Sunder Rao in favour of Chilakamarthi Mohana Rao-1st defendant in respect of item No. 1 and Chilakamarthi ravi Kumar in respect of item No. 2 of the plaint schedule properties. He also sought for consequential relief of possession of the suit schedule item Nos. 1 and 2, and for costs in the suit.

(3.) THE plaint averments, in brief, are : late Patibanda Sunder Rao was an advocate of Vijayawada Bar. His wife predeceased him. He died on 20. 9. 1989 at the age of 84 years. He was survived by two married daughters, one living at Guntur and the other at Hyderabad, and one son i. e. the plaintiff in the suit. He made certain bequeaths under a Will dated 1. 12. 1982 in favour of his daughters and daughter-in-law etc. He left major portion of his property to the plaintiff. The said Will was probated in O. P. No. 11 of 1990 on the file of Additional District Court, Vijayawada. During the lifetime of Patibanda Sunder rao, he provided food and shelter to chilakamarthi Mohan Rao-1st defendant. He allowed 1st defendant to stay in his house and 1st defendant used to attend to his needs. Late Patibanda Sunder Rao was fond of language especially English. 1st defendant by dint of his merit came close to Patibanda Sunder Rao and thereby patibanda Sunder Rao reposed lot of confidence on him. The conduct and behaviour of 1st defendant was such that even the members of the family did not grudge his stay in the house. 1st defendant secured a job in Glaxo Laboratories with the goodwill of late Patibanda Sunder Rao. Despite employment 1st defendant used to spend most of his spare time with patibanda Sunder Rao attending on him. Late Patibanda Sunder Rao developed much fascination to English language and he started Shaw Society in Vijayawada to propogate literature. In the year 1979 1st defendant introduced Mansuri venkateswar Rao to late Patibanda Sunder rao and his elder brother Appa Rao and made them to execute a lease deed in respect of lands situated in Muthyalapadu. When the tenant refused to vacate the lands, 1st defendant made Patibanda sunder Rao and his brother Appa Rao to part with Ac. 2. 00 of land in favour of wife of the tenant under a sale deed dated 6. 5. 1981 and got the rest of the land released. After the land being released from the leasehold rights, 1st defendant made patibanda Sunder Rao entered into a sale agreement in respect of Ac. 7. 00 of land out of Ac. 9-83 cents in favour of Babu Rao. The said agreement came to be cancelled because of the default committed by the said Potuluri Babu Rao. 1st defendant made Patibanda Sunder Rao to execute two registered sale deeds nominally without consideration; one in his favour and the other in favour of his son for Ac. 0. 25 cents each. 1st defendant pretending to help the plaintiff subsequent to the death of patibanda Sunder Rao took away the original title deed dated 21. 10. 1981. On coming to know the ill-intention of 1st defendant in securing the nominal registered sale deeds and retaining original sale deeds with him, the plaintiff issued a registered notice dated 17. 8. 1990. 1st defendant issued a reply dated 27. 8. 1990 whereunder the 1st defendant took the plea of oral purchase of Ac. 0. 83 cents from late Patibanda sunder Rao in 1979 for Rs. 20,000/-followed by registered sale deeds on 21. 12. 1981 in respect of 0. 50 cents. He also asserted in the reply notice that balance extent of Ac. 0. 23 cents is yet to be conveyed to him in pursuance of the oral purchase from late Patibanda Sunder Rao.