Case: Ponnayal @ Lakshmi Vs. Karuppannan (Dead) Thr. L.R. Sengoda Gounder &amp; Anr

dated 15th September, 1949 executed by Athappa Gounder in favour of Defendant No.1 in O.S. No.130 of 1987. The High Court took notice of the averments made in O.S. No.18 of 1953 by the Plaintiffs to the effect that Athappa ill-treated his wife and daughter i.e. the Plaintiffs-herein and forced them out of the house and refused to maintain them. It was the case of the Plaintiffs in O.S. No.18 of 1953 that the Sale Deed dated 15th September, 1949 was brought into existence only for the purpose of defeating their claim over the property. The terms of compromise were to the effect that the Defendants in O.S. No.18 of 1953 shall convey the entire properties specified in the schedule therein in favour of Plaintiff No.2 on deposit of Rs.6,000/- within a period of six months. In the event of registration of the said Sale Deed, Plaintiff No.2 would not have any right to claim maintenance against the Defendants-therein. In the event of Plaintiff No.2 not depositing the amount of Rs.6,000/- within the stipulated time, she would forfeit maintenance due to her and Plaintiff No.1. Plaintiffs shall be entitled only to future maintenance at the rate of Rs.10/- for Plaintiff No.2 and Rs.5/- for Plaintiff No.1 until her marriage and Rs.500/- for the marriage expenses of Plaintiff No.1. There is no dispute that Plaintiff No.2 did not deposit Rs.6,000/- as per the terms of the compromise within the stipulated time. On the basis of the above discussion, the High Court concluded that the Plaintiffs lost their right to challenge the Sale Deed dated 15th September, 1949. The High Court, further, held that the said Sale Deed which was challenged in the year 1953 by filing the O.S. No. 18 of 1953 cannot be the subject matter of another challenge after a lapse of over 30 years. The High Court, thus, approved the judgment of the trial court that the suit is barred by limitation. The contention of the Plaintiffs that the Defendants took advantage of the mental illness of Athappa Gounder and manipulated the documents in their favour was also not accepted by the High Court. The High Court referred to the suit filed by the Plaintiffs in O.S. No.18 of 1953 in which they did not even whisper about the mental illness of Athappa Gounder. The conclusion of the trial court regarding adverse possession in favour of the Defendants was also upheld by the High Court in view of the peculiar facts of the case.11. We have perused the written submissions filed by the Appellant in-person. The Appellant has relied upon the Partition Deed dated 6th December, 1937 and the Deed of Settlement dated 6th August 1942. According to the Appellant, the Deed of Partition dated 6 th December, 1937 was entered into between her grandfather late Shri Appavu Gounder and his two sons late Shri Karunappanan Gounder (Defendant No.1) and late Shri Athappa Gounder. The Deed of Settlement dated 6th August 1942 executed by her father Athappa Gounder in favour of her grandfather Appavu Gounder showed the inability of Athappa Gounder to cultivate his land. According to the said Settlement Deed dated 6.8.1942, the property should be handed over to the legal heirs of Athappa Gounder. As the said two documents were neither part of the pleadings in the Suit nor was an issue framed regarding the said documents, we are afraid that we cannot adjudicate on the issues pertaining to the said documents. Civil Suits are decided on the basis of pleadings and the issues framed and the parties to the Suit cannot be permitted to travel beyond the pleadings ((1987) 2 SCC 555 – Ram Swarup Gupta v. Bishun Narain Inter College and AIR 1956 SC 231 - J.K. Iron & Steel Co. Ltd. v. Mazdoor Union).12. The dispute raised by the Appellant pertains to her right to partition of ancestral properties that fell to the share of her father late Athappa Gounder pursuant to the registered Partition Deed dated 22nd April 1948. The Plaintiffs prayed for division of the suit properties on the basis of the registered Partition Deed dated 22nd April 1948. The Appellant cannot be permitted to contend that the Plaintiffs are not bound by the Partition Deed dated 22nd April 1948 when the foundation for the claim of the Plaintiffs is the said Partition Deed.13. The registered Sale Deed dated 15th September 1949 executed by Athappa Gounder in favour of Defendant No.1 is challenged on the ground that there was no necessity for Athappa Gounder to take loans from third parties. The Appellant further stated in the written submissions that the Compromise Decree in O.S. No. 18 of 1953 cannot preclude her from challenging the Sale Deed dated 15th September 1949. There is no dispute that the Sale Deed dated 15th September 1949 was challenged in O.S. No. 18 of 1953. The Plaintiff No.2 did not comply with the condition of the Compromise Decree regarding the deposit of Rs.6000/- within the stipulated time whereafter she was entitled for transfer of property in her favour. The High Court held that the Appellant has lost her right to question the Sale Deed dated 15th September 1949 again, that too, after an inordinate delay. As such, the Suit filed in 1987 was barred by limitation. The High Court rejected the submissions of the Appellant that Athappa Gounder was of unsound mind and the Defendant No.1 took advantage and manipulated the Sale Deed dated. 15th September 1949. We are in agreement with the findings of the High Court.14. What remains to be seen is whether the Settlement Deed dated 6th December 1958 executed by Appavu Gounder in favour of Defendant No.2 is valid and binding on the Appellants. There is no evidence adduced by the Appellant to prove the contrary. The High Court is right in its conclusion that Appavu Gounder had a right to settle the property that fell to his share in the Partition Deed dated 22nd April 1948 in favour of his grandson.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]The Deed of Settlement dated 6th August 1942 executed by her father Athappa Gounder in favour of her grandfather Appavu Gounder showed the inability of Athappa Gounder to cultivate his land. According to the said Settlement Deed dated 6.8.1942, the property should be handed over to the legal heirs of Athappa Gounder. As the said two documents were neither part of the pleadings in the Suit nor was an issue framed regarding the said documents, we are afraid that we cannot adjudicate on the issues pertaining to the said documents. Civil Suits are decided on the basis of pleadings and the issues framed and the parties to the Suit cannot be permitted to travel beyond the pleadings ((1987) 2 SCC 555 – Ram Swarup Gupta v. Bishun Narain Inter College and AIR 1956 SC 231  - J.K. Iron & Steel Co. Ltd. v. Mazdoor Union)12. The dispute raised by the Appellant pertains to her right to partition of ancestral properties that fell to the share of her father late Athappa Gounder pursuant to the registered Partition Deed dated 22nd April 1948. The Plaintiffs prayed for division of the suit properties on the basis of the registered Partition Deed dated 22nd April 1948. The Appellant cannot be permitted to contend that the Plaintiffs are not bound by the Partition Deed dated 22nd April 1948 when the foundation for the claim of the Plaintiffs is the said Partition Deed13. The registered Sale Deed dated 15th September 1949 executed by Athappa Gounder in favour of Defendant No.1 is challenged on the ground that there was no necessity for Athappa Gounder to take loans from third parties. The Appellant further stated in the written submissions that the Compromise Decree in O.S. No. 18 of 1953 cannot preclude her from challenging the Sale Deed dated 15th September 1949. There is no dispute that the Sale Deed dated 15th September 1949 was challenged in O.S. No. 18 of 1953. The Plaintiff No.2 did not comply with the condition of the Compromise Decree regarding the deposit of Rs.6000/- within the stipulated time whereafter she was entitled for transfer of property in her favour. The High Court held that the Appellant has lost her right to question the Sale Deed dated 15th September 1949 again, that too, after an inordinate delay. As such, the Suit filed in 1987 was barred by limitation. The High Court rejected the submissions of the Appellant that Athappa Gounder was of unsound mind and the Defendant No.1 took advantage and manipulated the Sale Deed dated. 15th September 1949. We are in agreement with the findings of the High CourtThere is no evidence adduced by the Appellant to prove the contrary. The High Court is right in its conclusion that Appavu Gounder had a right to settle the property that fell to his share in the Partition Deed dated 22nd April 1948 in favour of his grandson.