REGATI RAMARAJU Vs. NEELAMSETTI KATAJI RAO

JUDGEMENT

(1.) This intra- court appeal under Clause 15 of the Letters Patent is directed against the judgment and decree of the learned single Judge of this Court in A.S.No. 1735 of 1991 dated 23-3-2001 whereby the appeal preferred by the defendants was allowed setting aside the judgment and decree made in O.S.No. 8 of 1983, dated 4-7-1991 of the I Additional Subordinate Judge, Visakhapatnam decreeing the suit of the plaintiff cancelling the registered sale deed dated 30-3-1978 registered on 18-7-1981 and ordering recovery of possession of the suit schedule property covered by the said sale deed.

(2.) For the sake of convenience, the parties are hereinafter referred to as they were arrayed before the trial Court.

(3.) Facts in nutshell that gave rise to this appeal are that the father of plaintiff Govinda Rao was the undivided brother of Regati Venkata Lakshmi Narayana Rao ('RVLN Rao', for brevity) and after partition RVLN Rao acquired the plaint schedule property along with other properties. He purchased the properties from the income of the properties that he got in partition and bequeathed all the properties to his divided brother's wife and children. The suit schedule property was bequeathed to the plaintiff with absolute rights under a will dated 27-10-1974 Ex. A-22 in a sound and disposing state of mind. Prior to the death, RVLN Rao was continued to be in possession of the suit schedule property and leased it out to tenants and collecting the rents from them and paying the property taxes in respect of the said property. He was unmarried, issueless and died on 7-9-1982 at Visakhapatnam. Since Ex. A-22 is the last will, the suit schedule property was devolved upon the plaintiff as his legatee after the death of RVLN Rao. Later, the plaintiff demanded the tenants of the suit schedule property to pay the rents, who informed his that the defendants are claiming rents from them on the ground that they purchased the suit schedule property from RVLN Rao under a registered sale deed dated 30-3-1978 under Ex.B-4. Thereafter, the plaintiff got issued a notice dated 25-10-1982 under Ex.A-2 to the defendants intimating that he got the suit schedule property under the will for which, the defendants sent a reply alleging that they purchased the suit schedule property from RVLN Rao through the registered sale deed-Ex.B-4. There fore, the plaintiff filed the present suit seeking cancellation of sale deed under Ex. B-4 alleging that RVLN Rao was not mentally stable from December, 1977, and was not in a position to look after his affairs, and was a puppet in the hands of one M. Kameswara Rao, the sale deed dated 30-3-1978 in respect of the suit schedule property being relied on by the defendants, must have been obtained by the defendants by playing fraud or misrepresentation and the same is also not supported by consideration. The plaintiff's sister, Nallapu Rajasundari on coming to know about the attempts made by selfish elements to grab the properties of RVLN Rao taking advantage of his mental instability, made a publication about the mental state of RVLN Rao in Eenadu newspaper on 4- 1-1978 whereby she warned the public not to obtain any document in respect of his properties. It is also alleged that late RVLN Rao on suspecting fraudulent attempts being made by selfish elements to grab his properties, filed an application before the Urban Land Ceiling Special Officer, dated 29-4-1978 intimating him not to act upon any application filed in his name or said to have been signed by him. According to plaintiff, late RVLN Rao gave evidence in O.S.No. 390 of 1974 on the file of District Munsif Court, Visakhapatnam on 5- 4-1978 to the effect that he never sold the suit schedule property to any person. It is alleged that though Ex. B-1 was brought into existence; it was registered on 18-7-1981 and that the sale consideration shown therein is less than the market value and therefore, it is highly improbable for RVLN Rao to execute the sale deed under Ex. B-4 at a throwaway price. Hence, the above suit.