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SUPREME COURT OF INDIA
AMARENDRA NATH SEN AND R.B. MISRA, JJ.
Kuppala Obul Reddy, Appellant
Versus
Bonala Venkata Narayana Reddy (dead) through Lrs., Respondents. 1172
Civil Appeal No. 138 of 1971
Decided on 27-4-1984.
Schedule Properties - Deed of gift - Sale deed - One of village in District had two wives, was senior wife and by this wife had son and a daughter - This daughter had a, daughter - By junior wife had no child – After had married for second time, first wife had apprehended that she might be neglected and she had expressed her unhappiness and apprehension as to her future and future of her son - Daughter and grand daughter and, was married to Reddy, son of and and brother - It appears that married life of with her husband was not happy and disputes had arisen between them and ultimately left her husband and remarried - At time when executed deed of gift - Properties are included in Schedule B to plaint - Sale deed dated by in respect of B Schedule properties in favour of appellant is Exh. A-11 in suit - It, however, appears that under a sale deed dated sold to defendant in suit and original respondent in appeal, since deceased, now represented by his legal represerlative - Whether gift by in favour of his wife was valid and whether acquired title to properties gifted to her under the said deed - Whether by entering into deed of exchange became estopped from challenging validity of title of his wife and respondent who seeks to derive title is also so stopped - Held, properties retained by her out of properties gifted to her after transferring a portion thereof to husband in exchange of portion of house, could and did validly sell remaining properties to appellant and appellant, therefore acquired proper to properties which were sold to him by and which were mentioned in Schedule B to plaint - Appellant had acquired proper title to these properties and had become lawful owner thereof - In that view of matter it does not become necessary for Court to consider whether by entering into deed of exchange became estopped from challenging validity of title of his wife and respondent who seeks to derive title from, is also so stopped - Judgment of Lower Appellate Court and of High Court are set aside and judgment dated decreeing the suit of plaintiff, appellant before Court, is restored - In peculiar facts and circumtances of this case, and taking into consideration that parties were driven to this litigation because of dispute between husband and wife and further fact that original defendant is dead - Appeal allowed.
JUDGMENT
AMARENDRA NATH SEN, J.:—This appeal has been preferred by the plaintiff in the suit with leave granted by this Court against the judgment and decree of the High Court of Judicature of Andhra Pradesh at Hyderabad delivered on 23-9-1969 dismissing the suit of the plaintiff by affirming the judgment and the decree of the Lower Appellate Court which had reversed the judgment and decree passed by the trial Court.
2. The facts material for the purposes of this appeal may be set out. One Bonala Thimma Reddi of village Chinna Kudala in Pulivendala Taluk in the District of Cuddapah had two wives, Bonala Naramma was the senior wife and by this wife Bonala Thimma Reddy had son Bonala Yella Reddy and a daughter Nagamma. This daughter Nagamma had a, daughter Venkata Lakshmamma. By the junior wife Bonala Thimma Reddy had no child. After Thimma. Reddy had married for the second time, the first wife Naramma had apprehended that she might be neglected and she had expressed her unhappiness and apprehension as to her future and the future of her son Yella Reddy. On the 8th November, 1930, Thimma Reddy executed a deed of gift in respect of the properties mentioned in the deed. This document which was exhibited in the suit being Exh. A-6. reads as follows :
"Gift deed executed for property worth Rs. 500/- by Bonala Thimmareddi, son of Pedda Yellareddi, of Chinnakudala Village in favour of Bonala Naramma, wife of Thimmareddi of Chinnakudala Village.
You are my senior wife and you have got a minor son by name Yellareddi. I have got a junior wife. As you are complaining that I am showing better affection over my junior wife and not treating you properly and you wanted me to show a living for you and the minor son, out of affection to you I hereby make the gift of the schedule property worth Rupees 500/- and handed over the same to you. Since now you enjoy the property with absolute rights."
Venkata Lakshmamma, the daughter of Nagamma and the grand daughter of Thimma Reddy and Naramma, was married to Yella Reddy, son of Thimma Reddy and Naramma and the brother of Nagamma. It appears that the married life of Venkata Lakshamamma with her husband Yella Reddy was not happy and disputes had arisen between them and ultimately Venkata Lakshamamma left her husband Yella Reddy and remarried. At the time when Thimma Reddy executed the deed of gift dated 8-11-1930, her son Yella Reddy was minor and had not been married. Nearly thirty years after the execution of the gift-deed by Thimma Reddy, Naramma in whose favour deed of gift was executed by Thimma Reddy, executed a deed of gift on 10-10-1960 in favour of Venkata Lakshmamma, her grand daughter as well as her daughter-in-law. This gift deed which is Exh. A-2 in the suit, is in the following terms :
"Gift deed dated 10th Oct. 1960 executed by Bimala Naramma wife of Thimma Reddi in favour of Bimala Venkata Lakshmamma, wife of Yella Reddy.
You are my son Yella Reddys wife and thereby my daughter-in-law. Further you are my daughter Nagammas daughter and thereby my grand-daughter. Out of love and affection towards you, I hereby make a gift of property worth Rs. 500/- belonging to me with all rights and hand over the possession to you the same day. Since now, you and your successors have full rights of sale, gift etc. over the property and you should enjoy the property in your own right. This deed of gift is executed of my own accord."
3. By this deed Naramma gifted away all the properties given to her by her husband under the deed of gift deed 8-11-1930 and after this gift deed had been executed by Naramma in favour of Venkata Lakshmamma, a, deed of exchange was executed by and between Venkata Lakshinamma, and her husband Yella Reddy on 20-1-1961. This Exchange deed dated 20-1-1961 (Exh. A-5) may be set out :
"Exchange deed dated 20th January, 1961 for the value of property worth Rupees 200/ by Bimala Yella Reddy, son of Thimma Reddy.
Bimala Venkata Lakshmamma wife of Yella Reddy belonging to village Chinna Kudala
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