K V DESIKACHARIAR Vs. CHINNAMMAL

JUDGEMENT

(1.) AT first I was inclined to consider that there might be some point in what was sought to be made out by Mr. Rajah Ayyar, the learned Vakil for the appellant. The whole contention before us with regard to the maintenance document on which the suit is based was that, it being conceded that there was no consideration for the document, the finding by both the lower Courts that the document was made and given on account of natural love and affection oannot be sustained. This is a question of fact. The Court of first instance has gone into the matter fully and given reasons for the conclusion arrived at It is, no doubt, true that the learned Subordinate Judge has not gone into the matter so fully. Very probably he thought, the matter having been clearly set out in the judgment of the District Munsif it was not necessary to go over the whole ground again, more especially as he agreed entirely with the District Munsif. Mr. Rajah Ayyar argued that the finding with regard to natural love and affection was a finding not with reference to fact but as though it was a finding on a question of law. I do not think in the circumstances of this case it can be said that the finding can be regarded as raising any question of law. The question of fact is on what aceount this document was executed by the defendant and the answer by both the lower Courts is that it was on account of natural love and affection and we are glad to say that we entirely agree with the finding, because, if it was not natural love and affection, the defendant must be in a position to give some different account of the document which could ba accepted. He does not do so, his case with regard to his having been in a weak state of mind of having been induced by undue influence to execute the document has not been pressed before us if so it naturally follows that the situation psychologically at the time when executed was such that he was in a pliable state of mind, that he was touched at heart by the difficulties, the wretchedness perhaps of the widow maintaining two daughters in a far off place and thereupon persuaded himself to execute the deed which, I dare sav he began to regret in cooler moments We are satisfied not only that there is no question of law but even on the question of fact that both the lower Courts are right. The second appeal fails and is dismissed with costs. Reilly, J. I agree.