VAIKUNTAM MAMIKYAMMA Vs. PUPPALA

JUDGEMENT

(1.) THE plaintiff is in appeal against a reversing judgment of the learned District Judge of Koraput.

(2.) SHE filed the suit for declaration that she was the sole heir of her deceased husband Ramamurty and was entitled to the properties left by him. SHE also prayed for recovery of possession in respect of his properties upon a declaration that the gift by Ramamurty in favour of the defendant was invalid. SHE also made a claim for mesne profits. Her case was that on 1-10-62 Ramamurty died issueless at Vizagapatam. The defendant was the wife of one Adinarayana of Jagadalpur, had left her husband and was living with Ramamurty, but was not his married wife. The suit properties were the self-acquisitions of Ramamurty and after him the plaintiff as the widow became entitled to succeed to such properties. On 26-3-62, the defendant obtained the gift deed Ext. A in respect of the house located in Jeypore town. The narration in the deed of gift Ext. A was that the plaintiff had consented to the marriage of Ramamurty with the defendant; the defendant was the wife of Ramamurty and the house in question which was the subject-matter of the gift had been constructed with the money of the defendant. All these allegations were false. The house was in possession of Ramamurty. The alleged gift had never been acted upon and possession had never been made over to the defendant. There was no acceptance of the gift within the lifetime of Ramamurty. It was further alleged that the consideration for the gift being illicit cohabitation the gift was illegal and could not be given effect to.