MALLAPPA AND OTHERS Vs. KOGARA VENKATAPPA AND ANOTHER

JUDGEMENT

(1.) This appeal on behalf of the plaintiff arises out of a suit filed by him for a declaration that the sale-deed executed by the 1st defendant in favour of the 2nd defendant is not valid beyond the life-time of the 1st defendant. The suit property belonged to the 1st defendant who through a settlement deed, dated 9-6-1951, settled the same to the plaintiff after his life-time. The deed while giving the properties to the plaintiff provided that the donor was to remain in possession and enjoyment during his life-time and the donee should take possession of it after his death with a further provision that 'from now onwards' the settlor shall be enjoying the property with limited rights without the right of sale, gift or mortgage till the end of his life. Three days after the settlor appears to have changed his mind and executed a revocation deed on 12-6-1951 and later on executed a sale-deed on 11-8-1951 in favour of the 2nd defendant. Hence, the suit by the plaintiff for a declaration.

(2.) The defendant's case was that the settlement deed relied upon by the plaintiff was obtained by fraud and undue influence, that the 1st defendant was not in a sound state of mind and was not in a position to know the effect of the document when he executed it and on coming to know of the fraud he revoked the said deed and that it was not valid and binding on him. It was further averred that the so-called deed of settlement was no more than a will as no present interest was transferred to the plaintiff, that the sale in favour of the 2nd defendant was valid and binding on the plaintiff, and that the 2nd defendant was a bona fide purchaser for value without notice.

(3.) Six issues were framed. Parties did not lead any evidence. The Court below on a consideration of the terms of the settlement deed held that it was a will and not a document transferring any interest in present to the plaintiff. In the result the learned District Judge dismissed the suit. Plaintiff has now come up in appeal.