( 1 ) THE plaintiff is the appellant. The facts are these. One Nagayya owned a house and vacant site forming the subject-matter of this second appeal. He had a daughter Veeramma, the plaintiff. She married K. Basavayya, a nephew as well as the wife s brother of Nagayya. Nagayya was a whimsical old man who quarrelled with his wife frequently. Their quarrels culminated in a suit by the wife for separate maintenance against Nagayya and a decree allotting a portion of the suit house for her residence. Nagayya gifted tiie house and site in favour of his nephew K. Appayya the defendant, under Exhibit A-1, dated 20th June, 1945. There is a recital in Exhibit A-1 that the donee had been maintaining Nagayya and that the gift was made out of love and affection. Differences soon arose between the plaintiff and the defendant the former being backed by her husband and other relations. The defendant was unr ble to take possession of the property gifted under exhibit A-1. The gift was challenged as having been procured by fraud practised on Nagayya. The lower appellate Court was inclined to the view that the gift exhibit A-1 was nominal and could have been got cancelled by Nagayya. Be it as it ma

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