KOTHA JOGAYYA Vs. MALLEPALLY SUNDARAMMA(DIED) AND OTHERS

JUDGEMENT

(1.) This revision petition is directed against the Judgment and decree in S.C. No. 112/63 on the file of the Additional Subordinate judge, Tenali Defendant in the suit is the petitioner herein.

(2.) The facts that led to the institution of the suit, out of which this revision arose, may briefly be stated. The defendant, who is the paternal uncle of the plaintiff, Sundaramma, promised to make a gift of one acre of dry land to the latter, at the time of her marriage on 9.4.58 towards her Pasupu-Kumkuma, on account of the love and affection he had for her. In pursuance of this promise, he executed a registered gift deed dated 31.5.1960 in favour of the plaintiff for 69 cents of land. On the same day, the remaining extent of 31 cents, promised to the plaintiff, was valued at Rs. 1,705/-. The defendant paid Rs. 105/- to the plaintiff in cash and executed the suit promissory note, Ex A. 1 in her favour for the balance of the Rs. 1,600/-. The plaintiff thereafter filed the suit for recovery of the amount due under Ex. A. 1 alleging that the defendant failed to pay despite demands. The defendant filed a written statement admitting having executed the suit promissory note in the circumstances stated in the plaint but contending that it is devoid of consideration having been executed towards the value of land which he promised to give to the plaintiff by way of gift and is consequently unenforceable and that he is, in any view, entitled to claim a set-off for a sum of Rs. 950/- representing the amount which he spent for getting the plaintiff treated by a doctor at Tenali and the value of a bull which the plaintiff's husband took away from him.

(3.) The plaintiff having died subsequent to the institution of the suit, her husband came on record as her legal representative and continued the suit.