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1937 Supreme(Mad) 362

Santhappa Rai – Appellant
Versus
Santhiraja alias Kanthu Shetty – Respondent


JUDGMENT

Mockett, J.

1. This is an appeal from the judgment and decree of the learned District Judge of South Kanara. The suit by the plaintiffs prayed for an order to set aside two documents executed by the first plaintiff, Exs. E and F, both of which were executed on the 9th of June, 1928. In their plaint, they alleged that the execution of these documents was obtained by coercion, undue influence and fraud on the part of the first defendant. The plea of coercion was abandoned. We are unable to find any finding with regard to fraud by the learned trial Judge and it would appear that the only ground on which he has decreed this suit is based on undue influence of the first defendant over the first plaintiff.

2. These persons are related. The first plaintiff married twice and defendants 1 and 2 are relations by his first wife. His second wife died in 1918. She had a daughter who died in May, 1928. It may be mentioned that all the children by the first marriage also died. So the immediate relatives of the first plaintiff, because he has no brothers and sisters living, are the relatives of his first wife and the relatives of his second wife. It is alleged in this case that this suit has







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