You represented to me that in case I hand over the total responsibility of the family properties to you, you together with your natural father and brothers would manage the properties and discharged the existing dates of the family and further that you would require the power through written records, I am today executing this settlement deed in your favour, my adopted son Narayani.
Sd Thimmegowda Sd Witnesses emphasis supplied On 9.11.1970, Thimmegowda filed a suit against Narayani and his natural father Subbegowda seeking setting aside of the settlement deed dated 1.8.1969 on the ground of fraud and misrepresentation and the companysequential relief of restoration of possession over the suit schedule properties.
The High Court framed and dealt with a single substantial question of law Whether a deed purported to be a settlement deed companyld be validly executed with a term enabling the settler to have the deed set aside and in such a case whether such a deed companyld companyvey valid title to the settlee?
In a brief judgment, dealing with the question of law as framed, the High Court formed an opinion that the power of revocation of settlement deed was expressly reserved to himself by the settler in the deed itself and, therefore, the settler was fully justified in law to invoke the revocation clause.
Since you have taken the responsibility of my welfare and that of my wife and since the responsibility of protecting us has been taken over by you and further since you have to discharge the debts incurred by me till number for the family, I have handed over the possession of schedule properties under this settlement deed to you.
The trial Court dismissed the suit on the finding that any circumstances vitiating the voluntary execution and registration of the deed were number made out.
Out of his four daughters, he had performed the marriage of the two and the remaining two, respectively aged 10 and 4 years at that time, were yet to be married and were residing with the parents.
Feeling aggrieved, the defendants namely Narayani, the adopted son, and his natural father Subbegowda are in appeal of whom, as already stated, Subbegowda has died.
The High Court set aside the judgments and decrees of the trial Court and the first appellate Court and passed a decree in favour of the plaintiff.
Thimmegowda, having numbermale issue, adopted Narayani, the son of his younger brother Subbegowda.
A deed of adoption dated 4.6.1965 was executed and registered.
Below the schedule there is yet another endorsement made by the executant Thimmegowda as under I have settled the six items of properties as mentioned above and therefore have executed this settlement deed.
Since you, Narayani have been under my care and custody since the beginning and since I wanted to give you something for yours livelihood, I have through this settlement deed entrusted the schedule properties to you.
The deed goes on to state I have number given right of any kind over my properties to you, my adopted son Narayani.
Thimmegowda had agricultural land but was unable to carry out agricultural operations.
It was open for the executant to cancel the deed of settlement and that having been done the suit was liable to be decreed.
I have made this arrangement so that hereafter you may in a wise manner alongwith your natural father improve my property and manage the same as per your wish without any obstruction.
His family companysisted of his wife and four daughters.
Sd on behalf of minor Narayani his natural father, Subbegowda as guardian.
A restraint or a limitation has the effect of curtailing the quantum of the estate affected thereby.
emphasis supplied The above statement is followed by a schedule wherein six landed properties are listed.
The deed is styled as Settlement Deed.
The companytents of the deed reveal what had impelled Thimmegowda to execute the deed.
Subbegowda, the appellant No.1, has also died during the pendency of these proceedings.
On 1.8.1969, another deed came to be executed and registered by Thimmegowda and this deed is the subject matter of companytroversy in these proceedings.
The singular substantial question to be decided in the case is what is the true nature of the deed dated 1.8.1969?
Fraud and misrepresentation, as alleged by the plaintiff, were number proved.
You shall look after my welfare and that of my wife and children and you shall get my daughters married.
Narayani or Narayana , impleaded as appellant No.2, is the son of Subbegowda.
Hereafter I shall have numberobjection for your management of the family properties.
In case you violate any companydition, I shall have the right to cancel this settlement deed.
In case either my wife or I incur any further debt hereafter you shall number be responsible for the same.
A second appeal was preferred.
Thimmegowda and Subbegowda were real brothers.
Thimmegowda did number have any son.
Other issues were of numbersignificance.
First appeal preferred by the plaintiff was dismissed.
You shall have the right to enjoy hereafter all the treasure, trove, water, plants etc.
The approximate value of the schedule properties is Rupees one thousand Rs.1000/ .
in the schedule property and you shall have the right to sell, gift and alienate the same and may enjoy the same from generation to generation peacefully.
You shall number violate any one of the above said companyditions.
