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1928 Supreme(SC) 5

Venkat Subba Srinivas Hegde – Appellant
Versus
Subba Rama Hegde – Respondent


Advocates Appeared:
T. L. Wilson and Co., E. B. Raikes

Lord Shaw.-

The circumstances of this case need not be referred to further than as follows : The object of the suit was to set abide a certain deed executed by the deceased plaintiff on 26th June 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.

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 immovable property, was granted and delivered upon a certain day, but was not registered until certain events 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













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