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Govindasamy Raja Vs. Kuppammal - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1215; 31Ind.Cas.77
AppellantGovindasamy Raja
RespondentKuppammal
Excerpt:
specific relief act (i of 1877), section 39 - suit for cancellation of sale-deed--consideration, non-payment of--intention to effect transfer--vendor and purchaser--vendor's right to demand payment--deed intended to operate on death of vendor--will--constriction. - 1. the findings of the district judge are not as clear as they might be. but we understand them to amount to this: that no title was intended to pass under the document exhibit i until the death of plaintiff, on which the properties would vest in defendants. there is evidence to support this view, and we see no reason for not accepting it. it follows that the document was really intended to operate as a will and would be revocable by plaintiff at any time.2. on this view, we see no reason to modify the decree of the lower appellate court except as to costs. bearing in mind that plaintiff has only herself to blame for the litigation into which her disingenuous conduct has landed her, we direct that both parties bear their own costs throughout.
Judgment:

1. The findings of the District Judge are not as clear as they might be. But we understand them to amount to this: that no title was intended to pass under the document Exhibit I until the death of plaintiff, on which the properties would vest in defendants. There is evidence to support this view, and we see no reason for not accepting it. It follows that the document was really intended to operate as a Will and would be revocable by plaintiff at any time.

2. On this view, we see no reason to modify the decree of the lower Appellate Court except as to costs. Bearing in mind that plaintiff has only herself to blame for the litigation into which her disingenuous conduct has landed her, we direct that both parties bear their own costs throughout.


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