KARINI RAJA RAO Vs. KARINI CHIRANJEEVULU SINCE DEAD

JUDGEMENT

(1.) This Second Appeal is filed by the plaintiff against the reversing judgment of Shri K.K. Bose, Subordinate Judge, Berhampur in Title Appeal No. 64 of 1949.

(2.) The plaintiff and defendant No. 3 are the brothers of the deceased husband of defendant No. 1. The plaintiff filed the suit for a declaration that the registered sale deed Ext. G dated 15-11-46 for Rs. 1300/-executed by defendant No. 1 in favour of defendant No. 2 in respect of the suit property which fell to her share in the partition suit O. S. 501 of 1940 brought by her, on the death of her husband in the Court of the District Munsif of Berhampur, was not binding on the plaintiff and defendant No. 3 and the entire body of reversioners. The plaintiff alleged that the sale was collusive and without legal necessity and that it was intended to defeat and defraud the claims of the reversioners.

(3.) The defendant No. 1 contended, denying all the allegations of fraud, collusion and absence of consideration that the sale was for valid legal necessity as it was for the discharge of the loans incurred on pronotes on account of expenses of her maintenance and of the aforesaid partition suit which was carried in appeal by the plaintiff and defendant No. 3 and in which she was ultimately driven to the necessity of getting her share partitioned by a commissioner and obtaining possession through Court. She also contended that the sale deed was valid and binding on the reversion. Defendant No. 2 the alienee adopted the written statement of defendant no. 1 and defendant No. 3 supported the plaintiff's case.