VENKAT SUBBA SHRINIVAS HEGDE Vs. SUBBA RAMA HEDGE

JUDGEMENT

(1.) The circumstances of this case need not be referred to further than as follows: The object of the suit was to set aside a certain deed executed by the deceased plaintiff on June 26, 1919. By that deed certain property was transferred to the appellant. The deed was attacked as having been granted and delivered while the grantor was in ill-health and under undue influence; elements of fraud were also introduced. It may be said at once that the whole of these allegations were tested before the Subordinate Judge and, on appeal from the Subordinate Judge, by the District Court, and all the allegations were disproved. Therefore that element of attack disappears from the case.

(2.) There remains, however, this further point which until a few years ago was one of much contention in India. The point is, that the deed, which was a deed of gift of immoveable property, was granted and delivered upon a certain day, but was not registered until certain event happened. Those events included the principal one, namely, that the grantor himself seems to have changed his mind. He not only did so, but he brought a suit which contained an application for an injunction against the registration by the donee of the deed of gift.

(3.) Upon this question of possible stoppage of effect to be given to the deed, the facts in this case are clear: the deed itself was, as stated, delivered to the donee. The donee, therefore, in pursuance of that deed delivered to him, proceeded to register the deed and it was registered pending the litigation which had been raised, of which the present appeal is the outcome. The point at issue is thus expressed by the Judges of the High Court :- Can a donor of immovable property, when the gift can only be effected by a registered document, resile from his action before the document had been registered, and if the donee refused to give back the document can the donor obtain an injunction from the Court restraining the donee from proceeding to register the document?