A gift made under coercion and undue influence is voidable, even if the parties are not in pari delicto.

( 1 ) ON the 21st day of August, 1962, a deed was executed by an illiterate woman, Padala Seshamma, by which the vested remainder in lands of the extent of Ac. 4-48, was settled by her on a minor girl who is the appellant in this appeal. The donor commenced this action a few months after the execution of the deed pleading inter alia that it was not the outcome of her free will or consent. The minor donee is represented by her father as her guardian ad litem. The suit was resisted and it was pleaded that the settlement deed is valid and is in no manner tainted by coercion or duress. The Subordinate Judge who tried the action held that the "donor was not a free and veluntary agent in executing the document and her consent is vitiated by coercion and undue influence of her husband. " The deed was set aside and this appeal is preferred from that decree.

( 2 ) THE plaintiff owns no other land than the property comprised in impugned deed, Exhibit B-1. Her husband owns agricultural land of a lesser extent, than what was gifted under the deed. His holding is wet land of ac. 2-50. In addition, he owns a building said to be of the value of Rs. 25,000 situate at his village. It fetches a rent of Rs. 30 per month. He owns grannaries which are productive of a return of about Rs. 400 to Rs. 500 per year. He is a money lender and passes for a rich man; the debts recoverable by him amount to twenty to twenty five thousand rupees.

( 3 ) THEY have a son who was married but the daughter-in-law, the evidence shows, was forced to leave the conjugal home. She had to take shelter with the parents in the same village. The rift in the relations between the two families was due to the breach of the promise to give the marriage dowry to the son-in-law. The plaintiff s husband felt enraged at the breach of the plighted word. The young woman was therefore, turned out of the marital home. The reaction of her father was resentful and violent. He vowed never to part with his daughter till the son-in-law and his father made amends by a handsome apology. The relations between the two families became worse. In a faction-ridden village, such a situation always serves to keep the fight unabated. The result was that the plaintiff s husband was on the look out for a possible bride to get his son married a second time although there was a wife living.

( 4 ) THE plaintiff was rendered a cripple, because the lower half of her leg had to be amputated. This was about two years before the date of Exhibit B-1.

( 5 ) THE family is of typical rustic stock. It does not belong to the class of people who, though poor in worldly riches have nevertheless the background of culture and ancient learning "or modern" education. The plaintiff was illiterate and was a cripple. The husband was at the material points of time a frustrated and angry man. He was, from what the evidence features him to be, a stubborn and strong willed man, of no refinement not shrewd 01 clever, and perhaps given to fits of uncontrolled anger. The son was, by contrast, depicted in the evidence as a weak or submissive person. D. W. 1 describes him as a half wit or imbecile. Obviously the son yielded to the wishes of the domineering father; and without any demur and perhaps against his wishes submitted to the state of forced separation from his wife.

( 6 ) THE defendant is the fifth daughter of her parents. They have three sons and eight daughters. They have many hungry mouths to feed. On his own admission the defendant s father owns only four acres of land and it is evident that the family has no other resources to draw on. He denied that he was often visiting the plaintiff s family but there can be no doubt that the defendant and other members of his family were looking for occasional help to the plaintiff. The relationship between the two families was rather remote. The plaintiff s stepsister was married to one of the brothers of the defendant. Their visits to plaintiff s place were however not so few and in

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