Holding

A family settlement and the associated relinquishment deed are valid and enforceable without consideration, and the suit is barred by limitation as the alleged fraud was not pleaded with requisite particulars.

Summary

The case involved two sisters who challenged a 1983 deed of partition and relinquishment of their rights in family properties in favour of their brothers, alleging fraud and lack of consideration. The lower courts had held that the properties were joint family assets, the partition was a family settlement, and the sisters had voluntarily signed the documents, dismissing the suit as barred by limitation. On appeal, the Supreme Court examined whether the settlement violated statutory provisions, whether the relinquishment required consideration under the Contract Act, and whether the alleged fraud was pleaded with sufficient particulars. The Court affirmed that a family settlement aimed at peace and harmony is enforceable unless vitiated by fraud, and that a release by a non‑coparcener need not have consideration, especially when executed in writing and registered. It also held that the plaintiffs failed to plead specific fraud, and that the suit was barred under Article 59 of the Limitation Act. Consequently, the appeal was dismissed.

Issues considered

Whether the deed of partition and relinquishment executed by the sisters are void for lack of consideration under Section 25 of the Indian Contract Act.
Whether the alleged fraud and mis‑representation were pleaded with sufficient particulars as required by Order 6 Rule 4 CPC.
Whether the family settlement and consent decree can be reopened on the ground that the properties are joint family assets.
Whether the suit is barred by limitation under Article 59 of the Limitation Act, 1963.

Legislation cited

Code of Civil Procedure, 1908s. Order 6 Rule 17, s. Order 6 Rule 4
Hindu Succession Act, 1956
Indian Contract Act, 1872s. 16, s. 17, s. 19, s. 23, s. 25, s. 2(d)
Limitation Act, 1963s. Article 110, s. Article 59, s. Article 65
Specific Relief Act, 1963s. 31
Transfer of Property Act, 1882s. 122, s. 123

Subjects

family settlementpartitionjoint family propertyrelease deedconsiderationfraudlimitationconsent decreeHindu lawIndian Contract ActTransfer of Property Act

Judgment

· [2008] 9 S.C.R. 297

RANGANAYAKAMMA AND ANOTHER A
v.
~ K.S. PRAKASH (D) BY L.RS. AND OTHERS
' (Civil Appeal No. 3635 of 2008)
MAY 16, 2008
8
[S.B. SINHA AND LOKESHWAR SINGH PANTA, JJ]
-(
HtNDU LAW:

Joint family properties - Partition of through family settle-
ment - Sisters relinquishing their rights in properties in favour c
of their brothers - Consent decree based on family settlement
- HELD: A partition by meets and bounds may not always be
possible - A family settlement is entered into for a larger pur-
pose of achieving peace and harmony in the family - It is not
' .... a case where settlement was contrary to any statutory provi-
D
sion or was opposed to public policy - Court shall apply the
statute to uphold a compromise unless it is otherwise vitiated
"" in law - Contract Act, 1872 - s. 23.
DEEDS AND DOCUMENTS."
E
Deed of 'release' - Relinquishment of right in properly
by, sisters in favour of their brothers - HELD,· Release by an
heir other than coparcener does not need any consideration
- s. 25 of Contract Act must be read and construed having
regard to the fact situation obtaining in the case - Renuncia-
" tion in Indian context may be or may not be for consideration F
- Contract Act, 1872 - s.2 (d) and 25 - Transfer of Property
Act, 1882 - ss. 122 and 123.
CONTRACT AcT, 1872:
ss. 17 and 19 - 'Fraud' - Voidabi/ity of agreement - Suit G
-I by sisters against their brothers and other sisters alleging fraud
in obtaining consent decree in an earlier partition suit- HELD:
When a fraud is alleged, particulars thereof are required to be

297 H
298 SUPREME COURT REPORTS [2008] 9 S.C.R.

A pleaded - In the instant suit, no particulars of alleged fraud or
misrepresentation have been disclosed - Besides, docu-
ments on record show that partition consequent upon consent
decree had been acted upon - Papers were signed either in
office of advocate or before Sub-Registrar - Both the courts
B below recorded a finding that the sisters had jointly taken a
stand that they would not claim any share in properties - No
case of fraud or misrepresentation has been made out - Code
of Civil Procedure, 1908 - Or. 6, r.4.
L1M1TATION Acr, 1963:
c
Schedule -Articles 59, 65 and 110 - Suit alleging fraud
in obtaining deed of partition - Limitation - HELD: Applicabil-
ity of Article 59 would depend upon the question as to whether
deed of partition was required to be set aside or 'not - In the
instant case, it was required to be set aside - In view of Article
D
59, suit was barred by limitation. ~

The plaintiffs-appellants, two sisters, filed Suit No.
1760 of 1990 against their brothers defendants-respon-
dents Nos.1 and 2 and other sisters for partition of the
E suit properties on the ground that the same were self ac-
quired properties of their father, 'KS'. It was also stated
that the two brothers defendants-respondents no.1 and
2 acted fraudulently in getting the Power of Attorneys from
them and obtaining a consent decree in earlier partition
...
F suit No. 2459 of 1982. The stand of the defendants-respon-
dents nos. 1 and 2 was that their father 'KS' alongwith
other family members came to acquire the properties
through a partition of joint family properties effected in
the year 1957. 'KS' had two wives namely 'S' and 'V' and
in Partition Suit No. 2459 of 1982 the properties were fur-
G
ther divided half and half between the two branches of
'KS' by a consent decree passed in terms of a compro-
mise. Pursuant to the said compromise decree, a further
deed of partition was executed on 5.8. 1983 (Ext. D-6)
amongst the children of 'KS' from 'S' in terms whereof 1/3
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 299
AND OTHERS

. "" share in the property shown as Item No.3 was allotted to A
their mother 'S' and rest of the properties were retained
by the two brothers, defendants-respondents nos.1 and
2, in whose favour the sisters relinquished their right in
the property out of love and affection. 'S' died on 10.9.1983.
Defendants-respondents no. 1 and 2 pleaded that the suit B
without prayer for cancellation of partition deed was not
maintainable and was also barred by limitation. The trial
... court dismissed the suit. However, it held that the two
plaintiffs and defendants 1 to 8 were entitled to 1/33 share
each in Item No.2 of the suit properties. In the appeal the c
plaintiffs filed an application under Or.6 r.17 read withs.
151 of the Code of Civil Procedure, 1908 seeking amend-
ment to the plaint stating that some more properties be-
longing to their father were also available for partition and
the same were required to be added as Items nos. 5 and 6
..., D
to the Schedule of the properties. The High Court dis-
...\· missed the appeal.
In the instant appeal filed by the two plaintiffs it was
contended for the appellants that the averments made in
Suit No. 2459 of 1982 being fraught with the elements of E
fraud and mis-representation, no reliance could have
been placed thereupon nor the plaintiffs-appellants could
be said to have voluntarily made admissions in the said
pleading; that the deed of partition and the deed of relin-
" )( quishment being void ab initio and hit by Section 25 of the F
Indian Contract Act as for the said purpose passing of
adequate consideration was necessary, love and affec-
tion being not the requisite consideration therefor and,
as such, it was not necessary to pray setting aside of the
deeds of partition and relinquishment; that the partition
G
of the properties being unfair and unequal, reopening of
the partition was permissible, wherefor also it was not
necessary to seek cancellation of the documents; that in
the facts and circumstances of the case, Article 65 or Ar-
ticle 110 of the Schedule to the Limitation Act would be
H
300 SUPREME COURT REPORTS [2008] 9 S.C.R.

A attracted and not Article 59 thereof. )-

Dismissing the appeal, the Court
HELD: 1.1 The source of title in respect of proper-
ties in suit is not in question, as the same have all along
B been treated as joint family properties by both the
branches of 'KS' tllrough his two wives 'S' and 'V'. This is
.;
evident from the records of O.S. No. 2459 of 1982. The
fact that in the said suit, the properties of 'KS' were de-
,..
scribed as the joint family coparcenary properties is not
c in dispute. Even otherwise, in view of the well-settled prin-
ciple of law that when a son gets a property from his fa-
ther, as soon as sons are born to him, a joint family is
constituted. It is not a case that sons from either side of
the family were born before the Hindu Succession Act
1956 came into force. [para 23 and 26] [323-A,F,G. 326-A,B]
D .
Mst. Rukhmabai v. Lala Laxminarayan and Others 1960
~
(2) SCR 253 - relied on.
1.2 The earliest deed of partition dated 22"a July, 1957
was a registered document. A perusal of the averments
E made in the plaint categorically goes to show that the
partition referred to therein related to the partition effected
in 1957. The admissions made by the appellants in their
pleadings in Suit No. 1760 of 1990 themselves are suffi-
cient to hold that the property was a joint family property
F and by reason of the said deed of settlement culminating ~

in passing of the compromise decree dated 20.12.1982, a
valid consent decree was passed. [para 25] [325-D,F,G]
1.3 It may be true that although the properties were
described as coparcenary properties and both the
G
branches were granted equal share, but it must be remem-
bered that the decree was passed on the basis of the
settlement arrived at. It was in the nature of a family settle-
ment. Some 'give and take' was necessary for the pur-
pose of arriving at a settlement. A partition by meets and
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 301
AND OTHERS

bounds may not always be possible. A family settlement A
is entered into for achieving a larger purpose, viz., achiev-
ing peace and harmony in the family. [para 24] [324-E,F]
Hari Shankar Singhania and Others v. Gaur Hari
Singhania and Others (2006) 4 sec 658; Govt. of A.P and
Others v. M. Krishnaveni and Others (2006) 7 SCC 365 and B
Ramdev Food Products (P) Ltd. v. Arvindbhai Rambhai Patel
(2006) 8 sec 726 - relied on.
1.4 When there arises a question as to whether the
suit was to be regarded as having adjusted by way of c
mutual agreement so that it can be disposed of on the said
terms, in the event of a dispute, the consideration is differ-
ent. However, where a settlement had been arrived at and
a decree was passed on the premise that the said compro-
mise was lawful, the same cannot be permitted to be re-
0
opened only on the question as to whether the properties
were joint properties or self-acquired properties of the com-
mon ancestor. A consent decree was passed in Suit No.
2459 of 1982 pursuant to a settlement arrived at between
the two branches. The properties were divided half and
half through a deed of partitlon (Ext. D-6). Indisputably, the E
said consent decree has been acted upon and ten sale
deeds and some lease deeds have been executed and,
therefore, question of reopening entire Suit No. 2459 of
1982 by setting aside the decree passed therein would not
arise. [Para 23 and 39] [323-G, 324-A,B, 336-B,C,D] F
• 2.1 In the instant case, the basis for the entire suit
being commission of fraud in obtaining the consent de-
cree in suit No. 2459of1982, it was obligatory on the part
of the plaintiffs in Suit No. 1760of1990 to pray for setting G
aside the said decree. The pleadings of the appellants in
the suit in which they were parties are binding on them in
the subsequent proceedings proprio vigore. Unless fraud
was proved, they could not have got rid of the same.
When a fraud is alleged, as provided in Order 6, r.4, Code
H
302 SUPREME COURT REPORTS [2008] 9 S.C.R.

A of Civil Procedure, 1908, the particulars thereof are re-
quired to be pleaded. In suit No. 1760 of 1990 no particu-
lars of the alleged fraud or misrepresentation have been
disclosed. The plea of fraud raised therein is general in
nature. It is vague. It was alleged by the plaintiffs that sig-
B natures were obtained on several papers on one pretext
or the other and they had signed in good faith believing
the representations made by the respondents, which ac-
cording to them appeared to be fraudulent representa-
tions. When such representations were made, what was
c the nature of representations, who made the representa-
tions and what type of representations were made, have
not been stated. [para 23, 35-36] [324-C,D, 331-D,E,F,G]
A. C. Ananthaswamy v. Boraiah (2004) 8 SCC 588 - re-
lied on.
D
2.2 If a fraud or misrepresentation is to be attributed,
the same must be attributed to the entire family represent-
ing both the branches and not to respondent No.1 alone.
They must have thought that by reason of such aver-
E ments a .settlement can be brought about. The averments
made in the suit filed by one branch were accepted by
the other branch without any demur whatsoever. [para
25] [325-G, 326-A]
2.3 Before the deed of partition was entered into, on
F 151h July, 1983 a special power of attorney was executed
by plaintiff no.2 in favour of respondent No.1. A clear re-
cital was made therein that she had agreed to relinquish
her interest and the power of attorney was being executed
pursuant thereto. Power of attorney need not necessar-
G ily be preceded by a regular deed. Relinquishment may
be unilateral. A sister relinquishing her right in favour of
the brothers may do so in various ways. Expression to
that effect may be made in several ways. A power of attor-
ney need not disclose the purpose for which the relin-
H quishment is made or the consideration thereof. [para 28-
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 303
AND OTHERS

29) [326-D,E,F,G,H] A
2.4 Section 19 of the Contract Act 1872 provides that
any transaction which is an outcome of any undue mis-
representation, coercion or fraud shall be voidable. If,
however, a document is prima facie valid, a presumption
arises in regard to its genuineness. [para 33) [330-A,B] B

Prem Singh v. Birbal and Others (2006) 5 SCC 353 -
relied on.
2.5 In the plaint of Suit No. 1760 of 1990, execution
or validity of the documents including the registered c
power of attorneys and deeds of lease being Exhibit Nos.
9, 10, 11, 12, 13 and 14 executed between 1983 and 1985
are not in question. There are a large number of docu-
ments brought on record by the parties wherefrom a posi-
tive knowledge of execution of the partition deed (Ext. D- D
·~
6) on the part of the sisters is possible to be attributed.
~
These documents in categorical terms go to show that
the partition effected in 1983 had been acted upon. Ad-
mittedly, the papers were signed either in the office of the
advocate or before the Sub-Registrar. It was, therefore, E
done at a public place. No signature was obtained on the
blank paper. Plaintiff-appellant No. 1 in her deposition
before the trial court admitted that each of the sisters had
been given one rupee and their signatures were obtained
~
on the partition deed dated 5th August, 1983. She was flu- F
~
ent in English and signed the documents in English. Both
the courts below have come to the conclusion that the
sisters jointly had taken a stand that they would not claim
~ny share in the property. One of the sisters, who wanted
a share in the property, had been paid a sum of Rs. 40,000/
G
- and she had executed a deed of relinquishment. The
said fact is not denied. All other sisters were, thus, aware
thereof. They knew what was meant by relinquishment.
All deeds including the said deed of partition was executed
with the knowledge that they had been signing the deed
H
304 SUPREME COURT REPORTS [2008) 9 S.C.R.

A of partition and no other document. The plaintiff-appel- >.,.
lants never stated that any fraud or misrepresentation had
been practiced in regard to the character of the docu-
ments. No case of fraud or mis-representation has been
made out. It was, therefore, difficult to arrive at a conclu-
B sion that the plaintiffs-appellants were not aware of the
nature of the document or that any fraud had been prac-
ticed on them. These findings have a direct bearing on
the question as to whether the deed of partition as also
the power of attorneys were vitiated by reason of any
c fraud or misrepresentation on the part of respondents Nos.
1 and 2. Jt is a well-settled principle of law that a void docu-
ment is not required to be avoided whereas a voidable
document must be. [para 29-32, 37 and 54) [327 -D-F, 329-
E,F 332-A-D, 343-F]
D Prem Singh v. Birbal and Others (2006) 5 SCC 353 - )'-,
relied on. ;.
3. It is not a case where the settlement was contrary
to any statutory provision or was opposed to public policy
as envisaged under Section 23 of the Contract Act. The
E court shall apply the statute for upholding a compromise
unless it is otherwise vitiated in law. It is not required to
go into the question as to whether the contents of the
said settlemen.t are correct or not. Only in a case where
fraud on the party or fraud on the court has been alleged
F or established, the court shall treat the same to be a nul- 'I

lity. [para 40) [336-D,E,F]
Chief Engineer, M.S.E.B. and Another v. Suresh
Raghunath Bhokare (2005) 10 SCC 465; Ramesh B. Desai
and Others v. Bipin Vadi/al Mehta and Others (2006) 5 SCC
G
638; Sangramsinh P Gaekwad and Others v. Shantadevi P
Gaekwad (Dead) Thr.ough LRs. and Others (2005) 11 SCC
~
314 - relied on.
Sundar Sahu Gountia and others v. Chamra Sahu
H Gountia and others AIR 1954 Orissa 80 - held inapplicable.
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 305
AND OTHERS
;_
Ganpatbhai Mahaijibhai Solanki v. State of Gujarat and A
Ors. 2008 (3) SCALE 556 - referred to.
4.1 A deed of 'release' for a consideration is a trans-
action. When, a release is made for consideration, the par-
ticulars of consideration and other particulars are required
to be averred in the deed being essential elements thereof. B
Relinquishment of a property by a sister in favour of her
... brother for a consideration or absence of it, stands on a
different footing. Section 25 of the Contract Act must be
read and construed having regard to the fact situation
obtaining in the cases. Renunciation in Indian context may c
be for consideration or may not be for consideration. [para
43 and 45) [337-D,E,F, 338-E]
Smt. Manali Singhal and another v. Ravi Singhal and
others AIR 1999 Delhi 156; Kuppuswamy Chettiar v. A.S.P.A.
D
Arumugam Chettiar and Another (1967) 1 SCR 275; Chief
~
Controlling Revenue Authority, Referring Officer v. Rustorn
Nusserwanji Patel AIR 1968 Madras 159; The Chief Control-
ling Revenue Authority, Board of Revenue, Madras v. Dr. K.
Manjunatha Rai AIR 1977 Madras 10- referred to.
E
De' Souza's Conveyancing, page 1075 - referred to.
4.2 Section 25 of the Contract Act contains several
exceptions, that is to say: (i) if it is in writing; (ii) if it is reg-
istered or (iii) if the same has been executed on account of
" )<; natural love and affection. The deed of partition is both in F
writing and registered. The fact that the parties are near
relatives is not in dispute. The love and affection of the sis-
ters on the brothers has categorically been accepted by
plaintiff No. 1 in her deposition. [para 47] [340-C,D,E]
G
4.3 Assuming that the consideration of rupee one
'"';'
shown in the deed of partition is no consideration in the
eye of law. However, a partition deed is per se not a void
document. No such plea was raised. No issue has been
framed. No evidence has been adduced. No ground has
H
306 SUPREME COURT REPORTS [2008] 9 S. C.R.

A been taken even in the memo of appeal before the High
Court. Validity of the partition deed (Ex. D-6) by reference
to the recitals of the release of shares by other daughters
has not been questioned. The parties knew the nature of
the document. Appellants and other sisters being highly
B educated were supposed to know the contents thereof.
Their husbands are well-off in the society. The transac-
tion, therefore, was transparent. Furthermore, the mother
was alive. She was also a party to the deed of partition.
She must have played a pivotal role. She might be anx-
C ious to see that family properties are settled. Release by
an heir other than a co-parcenar does not need any con-
sideration. A release is valid even without consideration.
[para 44 and 48] [338-B,C,D, 340-F,G, 341-A]
4.4 The High Court, therefore was correct in not al- I-
D lowing the appellants to raise the plea of consideration.
As defined in s.2(d) of the Contract Act, 1872, consider- •
ation, even in the Indian context would mean a reason-
able equivalent or other valuable benefit passed on by
the promiser to the promisee or by the transferor to the
E transferee. Love and affection is also a consideration
within the meaning of Sections 122 and 123 of the Trans-
fer of Property Act. [para 51 and 53] [342-C,D, 343-D]
Mt. Latif Jahan Begam v. Md. Nabi Khan AIR 1932
Allahabad 174; Gauri Shanker v. Mis. Hindustan Trust (Pvt.)
F Ltd. and Others (1973) 2 SCC 127; Mis. John Tinson and Co. ><
Pvt. Ltd. and others v. Mrs. Surjeet Ma/han and another AIR
1997 SC 1411 - referred to.
Bhikhubhai Vithlabhai Patel & Ors. v State of Gujarat &
G Anr 2008 (4) SCALE 278 - Distinguished.
5. Applicability of Article 65 or Article 110 of the Limi-
tation Act, 1963 on the one hand, and Article 59 thereof, ~
on the other, would depend upon the factual situation in-
volved in a case. A decree for setting aside a document
H may be sought for in terms of Section 31 of the Specific
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 307
AND OTHERS [S.B. SINHA, J.]

Relief Act, 1963. Applicability of Article 59 would indisput- A
ably depend upon the question as to whether the deed of
partition was required to be set aside or not. In the in-
stant case, it was required to be set aside. It is not a case
where the deed of partition by reason of purported wrong
factual contention raised in the plaint leading to grant of B
a consent decree was void ab initio. It was not. The effect
-I of it would be that the same was required be set aside. In
view of Article 59 of the Limitation Act, the suit was barred
by limitation. [para 57] [344-G, 345-B,C,D,E]
Prem Singh v. Birbal and Others (2006) 5 SCC 353; Ml c
s. Bay Berry Apartments Pvt. Ltd. & Anr. v. Sh ob ha & Ors. 2006
(10) SCALE 596; and Utha Moidu Haji v. Kuningarath
Kunhabdulla and Ors. 2006 (14) SCALE 156 - referred to.
CIVILAPPELLATE JURISDICTION: Civil Appeal No. 3635
D
of 008
From the final Judgment dated 21.9.2005 of the High Court
of Karnataka at Bangalore in R.F.A. No. 605/1997
GV. Chandrasekhar, N.K. Verma andAnjana Chandrashekar
for the Appellants. E

S.S. Javali, T.N. Rao, S. Balaji, Madhusmita, V.H. Ron and
Gurudatta Ankolekar for the Respondents.
'"' )<.
The Judgment of the Court was delivered by
F
S.B. SINHA, J. 1. Leave granted.
2. This appeal is directed against the judgment and order
dated 21•1 September, 2005 passed by a Division Bench of
the Karnataka High Court in R.F.A. No. 605of1997 dismissing
an appeal preferred from the judgment and decree dated 27th G
_,. May, 1997 passed by the XII Additional City Civil Judge, Ban-
galore in Original Suit No.1760 of 1990 partly decreeing the
suit for partition and separate possession.
We may, at the outset, notice the genealogical tree of the
H
308 SUPREME COURT REPORTS [2008] 9 S.C.R.

A family which is as under:-

Kasetty Rangappa
Widow smt. Naramma

Lakshamamma
8 Naramma

c

Smt. Smt.
D Venkatalakshamma
2"dwife

Children of the 1•1 Wife Children of the 2nd Wife

1. Smt. Jayamma, Deft. No.3 1. Sri K.S. Mohan
E
2. Smt. Kanthamma, Plff. No.1 2. Smt. Susheela (Late)

3. Smt. Ranganayakamma, 3. Smt. Bhagyalakshmi
Plff No.2

4. Smt. Lakshmi Devi, Deft. 4. Smt. Lakshmi Devi
F No.4
5. Smt. Venajakshi 5. Sri K.S. Sudarshan

6. Sri K.S. Prakash, Deft. No.1 6. Smt. Saraswathi

G 7. Sri K.S. Ramesh, Deft. No.2 7. Smt. Rukmini

8. Smt. Sarojamma, Deft. No.5 8. Sri Sreenivasa Pasad

9. Smt. Seethqalakshmi, 9. Smt. Padmavathi

Deft. No.6
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 309
AND OTHERS [S.B. SINHA, J.]

10. Smt. Bharathi, Deft. No.7 A
11. Smt. Kum. Shoba, Deft. No.8
3. We are concerned herein with the branch of K.
Sreenivasulu. He had two wives, the first wife being
Singaramma. Through his first wife Singaramma, he had eleven B
children. Except Venajakshi, they are parties to the suit.
Kanthamma and Ranganayakamma are the plaintiffs. Through
his second wife, Shri K. Sreenivasulu had nine children.

4. Allegedly there was a partnership firm through which K.
Sreenivasulu was doing business in silk sarees. Whether the c
said partnership was a firm constituted under the Partnership
Act, 1932 or a Hindu joint family Firm is in dispute. However,
the said firm was said to have been dissolved. Thereafter K.
Sreenivasulu had been carrying on the said business either by
himself or as a 'Karta' of the joint family in silk sarees. Very D
valuable properties were acquired by him. Three items of the

' said properties are involved in this appeal. Item No. 1 is said to
be worth 1 crore. Item Nos. 2 is stated to be worth 3 crores,
whereas Item No.4 is said to be worth 1 crore. Although valua-
tions of the said properties are stated by the contesting respon-
dents i.e. respondents Nos. 1 & 2 in their written statement so
E

as to put forth a contention that the valuation of the suit proper-
ties as disclosed by the plaintiff being Rs.10,000/-was not cor-
rectand on the aforementioned amounts the court fee would be
)<
payable, but there cannot be any doubt whatsoever that the prop- F
erties are valuable.
As through the first wife, Sreenivasulu did not have any
male issue, he married Venkatalakshamma. Allegedly item Nos.
2 and 3 of the suit properties were purchased in the name of
Sringaramma. The parties are at issue whether the said prop- G
erties were purchased from the joint family funds or in the name
of Srirangama for her own benefit. Indisputably, again item No.1
"""' was purchased by Sreenivasulu in his own name. He died on
271h December, 1970. The family allegedly continued to remain
joint. One of the daughters of Sreenivasulu being Vanajakshi H
310 SUPREME COURT REPORTS [2008] 9 S.C.R.

A released her rights by getting a consideration of Rs.39,615.79.
Respondents Nos. 1 and 2 herein, sons of K. Sreenivasulu
through Singaramma were the junior members of the family. At
the time of her death of Sreenivasulu, they were minors.

5. Indisputably, a suit for partition being O.S. No. 2459 of
B 1982 was filed by the first respondent K.S. Prakash besides
others. Whereas, according to the appellants, the said suit was
filed by way of machination on the part of respondent No.1 herein
~
but admittedly all the parties were plaintiffs therein.

c 6. The plaint in the said suit discloses that Sreenivasulu
and his brothers partitioned their properties in the year 1957
who constituted a Joint Hindu Family. The said Joint Hindu Fam-
ily had extensive immovable properties in the towns of Banga-
lore and Darmavara. Allegedly some immovable properties fall-
ing in the share of K. Sreenivasulu are still joint. A coparcenary
D
was constituted between him and his sons. Properties were
purchased by him out of the nucleus of the immoveable proper- ~

ties, which fell to the share of Sreenivasulu in the said partition
meaning thereby that the partition took place in 1957 and sev-
eral other moveable and immovable properties were acquired
E in the name of Sreenivasulu and other members of the families.
They were in joint possession. Ten items of immovable proper-
ties, however, allegedly were the subject matter of joint sale for
the purpose of discharge of income tax and wealth tax liabili-
ties. They have been excluded from partition. It was furthermore
F alleged that some other properties had also been transferred '(

and deeds of sale were executed by the Bangalore Develop-
ment Authority in favour of plaintiff Nos. 1 and 2 therein. Para-
graph 12 of the said plaint reads as under :-
"12. Thus, item No. 1 to 8 (one to eight) mentioned in the
G
plaint are the properties now available and standing in the
names of persons referred to above. This being a suit for
general partition even though some of the properties are r
in the name of individual members of the family and as
per records, but nevertheless shown in detail with a view
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 311
AND OTHERS [S.B. SINHA, J.] •

to avoid unnecessary controversies and to effect just, fair A
and equitable partition among the members of the family."
7. Indisputably both the branches of Sreenivasulu entered
into a compromise, i.e., amongst the children of the first and
the second wives. Both the branches divided the properties into
half and half. The said compromise was recorded. A final de- B
cree was passed on the basis thereof, directing :-
"In terms of compromise, it is ordered and decreed that
the plaintiffs are the owners of the properties shown in
items t, 2(a) & 2(b) and 3 in the schedule hereto which c
are allotted to their shares.
It is further ordered and decreed declaring that the
defendants are the owners of the properties shown in items
4 and 5 in the schedule hereto which are allotted to their
share. D
It is further ordered and decreed that properties in items
6 and 7 of the suit schedule properties shall be sold by
plaintiffs and defendants and the tax arrears viz., Income
Tax, Wealth Tax and Capital Gain Tax in respect of the
said items of the Schedule property that is due and payable E
by the Hindu undivided family be cleared and discharged
out of the sale price of the same and further out of the
refund amount as shown in item No.8 of the schedule
properties. It is hereby recorded that since the value of
items 4 and 5 allotted to the defendants is less than the F
value of properties allotted to the plaintiffs, the plaintiffs
have this day paid to the defendants a sum of Rs.80,000/
- (Rupees eighty thousand only) which together with
Rs.30,000/- (Rupees thirty thousand only) paid earlier by
the plaintiff in all amounts to Rs.1, 10,000/- (Rupees one G
lakh ten thousand only).
It is further ordered and decreed that in case the amounts
realized by sale of items 6 and 7 and item 8 are insufficient
to clear the Tax arre:Jrs, the plaintiffs shall bear 2/5 share, H
312 SUPREME COURT REPORTS [2008] 9 S.C.R.

A the defendants shall bear 3/5 share of the tax liability and
in case the amounts realized by the sale and refund
claimed in respect of the said propertiE!S are in excess of
the Tax liability, the remaining balance amounts shall be
shared by plaintiffs and defendants in the proportion of 2/
B 5 and 3/5 share respectively.
It is further ordered and decreed that the plaintiffs and
defendants are not liable to each other with regard ti income
accruing from the properties allotted to them and also for
mesne profits."
c
8. Allegedly Singaramma was not keeping well. She un-
derwent kidney operation at Vellore.
9. The plaintiffs-appellants alleged that respondent Nos.
1 and 2 used to take signatures them as well as others repre-
D senting that the same were required for payment of tax and also
for managing the properties. The said signatures used to be
made as they then had immense faith in their brothers. A Power
of Attorney was executed by the first appellant Ranganayakamma
in favour of K.S. Prakash on 15th July, 1983, in terms whereof
E he was authorized to enter into a partition on her behalf. A re-
cital has also been made therein that Ranganayakamma, ap-
pellant No.2 herein, had agreed to relinquish her right as per
the agreement. Another Power of Attorney was executed by the
4th defendant in favour of Singaramma
F 10. A deed of partition was executed on 5th August, 1983
in terms whereof Singaramma was allotted 1/3rd share in item
No.3 and rest of the properties were retained by the brothers.
The sisters allegedly relinquished their share for a consider-
ation of Re.1/- only; the relevant parts whereof read as under:-
G
"1. The properties described in the Second Schedule
hereunder are hereby allotted to the share of the
parties of the First and Second Parts.

H
2. The property described in the Third Schedule
hereunder is hereby allotted to the share of the party
.
-.
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 313
AND OTHERS [S.B. SINHA, J.]

of the Eleventh part. A

3. The parties of the Third, Fourth, Fifth, Sixth, Seventh,
Eight, Ninth and Tenth parts do hereby relinquish their
right to claim a share in the properties described in
the First Schedule in consideration of payment to
each of them of a sum of Re.1/- by parties of the B
~
First, Second and Eleventh Parts the receipt of which
they hereby acknowledge."

11. Singaramma died on 1Oth September, 1983. So far as
1/3'd share of Singaramma is concerned, no partition had taken c
place. However, a Special Power of Attorney was executed by
the appellants on 20th December, 1983. In the said Pow~r of
Attorney detailed recitals had been made in regard to the source
of the properties, the partitions which had taken place and the
,.. share of the sisters devolved on them from Singaramma which
-l D
was calculated at 1/11th.

12. Indisputably, again a deed of lease was executed by
plaintiff-appelalnt No.2 herein in favour of M/s. Voltas Company
Ltd.
E
13. According to the appellants, however, no deed of lease
was executed by appellant No.1, Ranganayakamma. A sum of
Rs.4,050/- was paid to Kanthamma, appellant No.2, towards
rent for the period 1.1.1986 to 31.07.1987.
' .,
14. According to the appellants when they came to learn F
about the fraudulent act(s) on the part of respondent Nos. 1 &2
in getting the Power of Attorneys executed by them, they can-
celled the same.

They, thereafter, filed a suit for partition and separate pos-
session claiming 1/1Q1h share each. The said suit was filed on G
....,. 21st March, 1990 and was marked as O.S. No.1760of1990 .
15. A contention was raised therein that all properties ac-
' quired by Sreenivasulu were his self-acquired properties. The
=~ plaintiffs-appellants further contended that their brothers used
• H
1 l
'
314 SUPREME COURT REPORTS [2008] 9 S.C.R.

A to take their signatures on some papers as they enjoyed im-
mense confidence in them as would appear from paragraph 6
of the plaint, the relevant portion whereof reads as under:-

"6 The said power of attorney was got executed by playing
a fraud on the 2nd plaintiff taking advantage of her
B innocence, ignorance and her sex and in the absence of
her husband or any other reliable male member of the ~
family. The second plaintiff was not aware of the contents
of the said power-of-attorney nor were they read out to
her. It was got executed in the Office of the Advocate of the
c defendants 1 and 2 and it was drafted and attested by the
Advocates belonging to the said Firm of Advocates.
Thereafter, in fraudulent abuse of the said power-of-attorney
and on the basis of the fraudulent misrepresentations made
to the first and second plaintiffs and defendants 3 to 8, an I
~-
D alleged deed of partition was got executed on 5.8.1983, -i
again taking fraudulent advantage of the said innocent
and ignorance of the plaintiffs and defendants 2 to 8,
resulting in an unjust, unfair, unequal and fraudulent partition
of the schedule properties. The plaintiffs and defendants
·E 3 to 8 were never told by the defendants 1 and 2 that it
was a partition deed which was got executed on 5.8.1983
and instead it was misrepresented as on earlier occasion
that their signatures were necessary on the document for
proper management of the properties and the estate of ":"

F late K. Srinivasasalu."

16. Respondents, however, in their written statement de-
nied and disputed the averments made in the plaint. They raised
various contentions including the maintainability of the suit as
also the question of limitation. It was categorically stated that '--
G the suit properties were acquired by Sreenivasulu out of the
properties allotted to him in the family partition amongst his .,....
brothers dated 22nd June, 1957. It was furthermore contended .--
that the relinquishment of interests by the appellants and other
sisters were out of love and affection. They further averred that
...
~

H upon the death of Singaramma the deeds of lease which were
L ....
I
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 315
AND OTHERS [S.S. SINHA, J.]
..-4-
executed in respect of her share, vested in the plaintiffs-appel- A
!ants. It was categorically stated that the Power of Attorneys were
executed by the appellants voluntarily. Parties in support of their
respective cases adduced their own evidence.

The learned trial judge framed as many as 12 issues which
are as under:- B
.....
.._ "1 . Whether the plaintiffs prove that the suit schedule
properties are self acquired properties of the
deceased Srinivas?

1(a). Whether the defendants prove that the suit schedule c
properties are the ancestral properties?

2. Does defendant No.1 prove plaintiffs executing valid
powers of attorney on 15.7.1983; 20.12.1983 and
... 5.8.1985?
D
.... 3. Do the defendants 1 and 2 prove due execution of
release deed dated 5.8.1983 by the plaintiffs for valid
and proper consideration.
4. Do the defendants 1 and 2 prove partition deed dated
E
5.8.1983 is valid one?

5. Whether the plaintiffs and defendants 3 to 8 prove
that the defendants 1 and 2 obtained partition deed
~
dated 5.8.1983 by playing fraud?
1'
6. Whether the plaintiffs are estopped from filing this F
suit due to decree in O.S. 2459/1982?
7. Whether the suit is barred by limitation?
8. Whether the suit is bad for non-joinder of necessary
parties? G
;..,.- 9. Whether the valuation made is insufficient?
10. Do the plaintiffs prove their right for partition and
possession of 1/10 share to each?
H
316 SUPREME COURT REPORTS [2008] 9 S.C.R.

A 11 . To what shares the defendants are entitled?
12. To what reliefs the parties are entited?"
17. On issue No.1, the learned trial judge found that the
same had not been proved by the plaintiffs-appellants stating
B that they have failed to explain th9 admission made by them in
the earlier plaint. In regard to issue Nos. 2 and 3 it was held that
the properties were ancestral properties and not separate prop-
erties of Sreenivasulu. As regards execution of Power of Attor-
neys as also the Deeds of Release, the trial court opined that
c they were voluntary in nature. In regard to issue No.7 pertaining
to limitation. it was held that the suit was barred by limitation as
the plaintiffs had not sought for cancellation of deed of partition.
It was held that since after partition, the deeds of lease have
come into existence in February, 1985, the suit filed in 1990
without praying for cancellation of the deed of partition was not
0
maintainable.
On the said findings, the suit was dismissed.
18. However, it was held that plaintiff Nos. 1 and 2
alongwith defendant Nos. 3 to 8 and defendants 1 and 2 were
E entitled to the share of 1/33 each in Item No. 2 of the suit sched-
ule properties.
19. Appellants preferred an appeal thereagainst. Before
the High Court an application was filed under Order VI Rule 17
F read with Section 151 of the Code of Civil Procedure praying <r
for the following amendments in the plaint:-
"1. To Add at the end of para 5:
It is learnt that two other properties belonging to our
father are also available for partition which are
G
required to be included in the plaint schedule as item
Nos. 5 and 6, as otherwise the suit might become ·
bad for partial partition or it might necessitate
avoidable multiplicity of proceedings.
H 2. To add the following as item Nos. 5 and 6 after item
RANGANAYAKAMMAAND v. K.S. PRAKASH (0) 317
AND OTHERS [S.B. SINHA, J.]
--4.
No.4 of the plaint Schedule. A

5. Site bearing No.1 suburb Rajajinagar,
Bangalore admeasuring east-west 140 feet and
north-south 336' + 350'/2 and bounded on the
east by vacant land, west by T.B. Road, north
by road and south by site No.1/A. B
4
.... 6. Vacant site bearing No.17-B, Industrial suburb,
Bangalore, measuring on the east 242 ft., on
the west 298 ft., on the north 236 ft. and on the
south 160 feet, and bounded on the east by 60 c
feet main road, on the west by old No.13/14, on
the north by Seethalakshmi Hall Flour Mills and
on the south T.B. Road."
20. The High Court in its judgment held :
.A D
~
1) In the absence of any issue having been framed as
regards the validity or otherwise of the deed of
relinquishment, there was no occasion for the
defendants to adduce any evidence.
2) The plea of the appellants that the deed of E
relinquishment was hit by Section 25 of the Contract
Act cannot be permitted to be raised at the appellate
stage.
~ .,.. 3) It was open to the parties to arrive at an arrangement
and to release their respective rights wherefor no F
consideration was necessary to be passed.
4) The suit was not maintainable as the appellants had
not sought for any declaration that the partition deed
was void. G
5) The contention of the appellants that they came to
know about the fraud in 1988 was not correct and
thus the suit was barred by limitation.
6) The holder of the Power of Attorney executed by
H
318 SUPREME COURT REPORTS [2008] 9 S. C.R.

A defendant No.8 having received the benefit of the
partition, the appellants were estopped and
precluded from challenging the same.
7) In view of the admission made by the appellants that
the suit properties were the joint family properties,
B they are bound thereby.
8) As both the deed, viz. the deed of partition as also .. ~

the deed of lease were written in English language
and the appellants could speak in that language
c fluently, allegations of mis-representation have not
been proved.
21. Mr. G.V. Chandrasekhar, learned counsel appearing
on behalf of the appellants, in support of this appeal, raised the
following contentions:- ,..
D
i) The courts below committed a serious error in not -1'-
drawing adverse inference against respondents Nos.
1 & 2 as the said purported deed of partition dated
2nd July, 1957 and the other deeds including the
Power of Attorney executed by the 4tti defendant had
E not been produced. The purported application for
adducing additional evidence to prove the deed of i

partition dated 22nd July, 1957 thus should not be
allowed by this Court.
ii) The averments made in the 1982 suit being fraught
. ~

F
with the elements of fraud and mis-representation,
no reliance could have been placed thereupon nor
the plaintiffs-appellants could be said to have
voluntarily made admissions in the said pleading.
G iii) As the deed of partition and the deed of
relinquishment were void ab initio being hit by
Section 25 of the Indian Contract Act, it was not
necessary to pray for any relief for setting aside the
said deeds.
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 319
AND OTHERS [S.B. SINHA, J.]

iv) The partition deeds as also the deed of A
relinquishment were void being hit by Section 25 of
the Indian Contract Act as for the said purpose
passing of adequate consideration was necessary,
love and affection being not the requisite
consideration therefor. B

• The partition of the properties being unfair and
unequal, reopening of the partition is permissible,
wherefor also it is not necessary to seek cancellation
of the documents.
c
(v) In the event it be held that it is not necessary to seek
declaration of the deed of partition and deed of
release being void, Article 65 or Article 110 of the
Schedule appended to the Limitation Act would be
attracted and not Article 59 thereof.
D
(vi) As there is a mis-representation in regard to the
nature of the document as the deed of partition
ultimately turned out to be a deed of relinquishment
and even otherwise, the same was opposed to public
policy as contained in Section 25 of the Contract E
Act,. Article 59 of the Limitation Act would not be
attracted.

(vii) Gross inadequacy of price, which is a principle
applied in the suits for specific performance of a
contract, may be applied even in a case of this nature. F
viii) The trial court as also the High Court committed a
serious illegality in opining that no issue had been
framed in regard to the validity of the deeds, although
such an issue being Issue No.3 had in fact been G
framed. Burden to prove that the transactions were
valid, although was on the defendants, but neither
any evidence had been let on their behalf, nor the
courts below had answered the said issue and N1
that view of the matter the impugned judgments H
320 SUPREME COURT REPORTS [2008] 9 S.C.R.

A cannot be sustc,iined.
ix) The principle of estoppel in a case of this nature will
have no application as both the appellants had not
acted upon the documents of lis.

B x) The properties of joint families and the self acquired
properties and in particular the properties standing
,
in the name of Singaramma could not be put into
~
hotchpotch of joint family properties.
xi) Consideration within the meaning of Section 25 of
c the Indian Contract Act, love and/or affection being
consideration must be disclosed in the document,
which having not been done, the impugned
judgments could not have been sustained.
xii) Power of attorney having not been witnessed by a
D ...
close relative in a case of this nature, the impugned
judgment cannot be sustained. -'c

22. Mr. S.S. Javali, learned senior counsel appearing on
behalf of respondent Nos. 1 and 2, on the other hand, urged :-
E
i) All the documents being registered documents, they
carry a presumption of proper execution as also the
contents thereof and in that view of the matter the
burden was on the appellants to prove that they were
vitiated by fraud or misrepresentation. Presumption
F of validity strengthens with the passage of time. ... '
ii) Appellants having themselves admitted that the
properties in question were the joint family properties
and not the self acquired properties are bound
G thereby, which they themselves admitted in the list of
dates.
iii) The contention having been raised for the first time
in this Court that there had been no partition in the
year 1957, the respondents have produced the said
H document, which being a registered one, may be
RANGANAYAKAMMAAND v. K.S. PRAKASH (0) 321
AND OTHERS [S.B. SINHA, J.]

taken into consideration. A
iv) Institution of the partition suit in the year 1992 being
not in dispute, and the factum of partition entered
into between K. Sreenivasulu and his brothers having
been stated therein, there is no reason as to why
1957 partition should not have been believed by the 8
courts below.

v) In view of the fact that co-parcenary consisted of K.
Sreenivasulu, the respondent Nos. 1 and 2 and his
three sons through his second wife c
Venkatalakshamma, it was permissible for the
parties to partition the properties half and half
between two branches, which per se was not an
·illegal transaction.

,_.. vi) The fact that Venajakshi had relinquished her share D
-;. and ten items of properties had been jointly sold in
respect whereof no accusation had been made as
against the respondents, the partition of the
properties consisting of four houses must have to be
considered in the said back drop of events, E
particularly the fact that they are not the subject matter
of challenge.

vii) The conduct of the parties, i.e., three amongst eight
sisters did not claim any share and only one sister
having filed her written statement supporting the case F
of the appellants, two others merely had adopted the .
said written statement was a relevant factor which
has rightly been taken into consideration by the courts
below. However, defendant No.5 in her deposition
before the trial judge as DW-4 stated that she had G
not instructed any lawyer to file the written statement,
the case of three others must also fall wherefrom it
is evident that out of nine sisters, six did not contest,
which would go to show that all the sisters had
voluntarily relinquished their shares in the joint family H
322 SUPREME COURT REPORTS [2008] 9 S.C.R.

.Jr..
A properties. Attention in this behalf has also been
drawn to the deposition of appellant No.1 as PW-1
wherein the fact of that earlier partition had taken
place, has categorically been admitted which clearly
proves not only 1957 partition but also the 1982
B partition is legal and valid.

viii) Plaintiff-appellants made only general allegations of
fraud and mis-representation without giving any
particulars thereof, which being mandatory in nature,
no evidence could have been led in that behalf.
c
ix) As the deposition of the appellants categorically
show that all the documents were ex ecuted with their
1

knowledge and their signatures had not been
obtained on blank papers, this Court should not
entertain the plea of fraud, mis-representation on their
D
part particularly when they had admitted their
knowledge about the nature of the document.

x) Even Appellant No.2, deposing as PW-2, has
accepted execution of the power of attorney which
E was prepared at Cuddpath. It was only in respect of
the mother's 113rd share in one of the properties that
the plaintiffs had 1/11th share, which they had not
only accepted in the power of attorney executed by
them, but also in the list of dates stating that not only
F a lumpsum amount had been paid to the appellant
No.1, but also the fact that they had been getting
their share of rent through cheques and appropriating
them. This conduct on the part of the appellant would
clearly show that they not only executed the deeds
voluntarily, but also have been getting the benefit
G
thereof by way of receiving rent.
Even she identified the document as a power of -1"'
attorney and as such she would be deemed to have
known about the nature thereof.
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 323
AND OTHERS [S.B. SINHA, J.]

23. The source of title in respect of properties in suit is not A
in question. It was Kasetty Rangappa's property. K. Sreenivasulu
being son of Kasetty Rangappa used to do business in part-
nership. There were some joint family properties. The business
was a joint family business.

There exists a presumption in law that a family holding B
joint properties and joint business would constitute a joint fam-
....
ily.

In Mst. Rukhmabai v. Lala Laxminarayan and Others
[1960 (2) SCR 253], this Court held: c
"There is a presumption in Hindu law that a family is joint.
There can be a division in status among the members of
a joint Hindu family by refinement of shares which is
.,,. technically called "division in status", or an actual division
among them by allotment of specific property to each one D
~
of them which is described as "division by metes and
bounds". A member need not receive any share in the joint
estate but may renounce his interest therein, his
renunciation merely extinguishes his interest in the estate
but does not affect the status of the remaining members E
vis-a-vis the family property. A division in status can be
effected by an unambiguous declaration to become divided
from the others and that intention can be expressed by
.. -.. any process ... "

Even after the dissolution of the partnership, the fact that it F
had all along been treated as a joint family property by both the
branches of K. Sreenivasulu through his two wives Singaramma
and Venkatalakshamma is evident as they were the subject
matter of the O.S. No. 2459 of 1982. The fact that in the said
suit the properties of K. Sreenivasulu were described as the G
joint family coparcenary property is not in dispute. Plaintiffs con-
-~
tended that it was K.S. Prakash who was behind the said machi-
nation. That may be so or may not be.
The fact remains that a consent decree was passed pur-
H
324 SUPREME COURT REPORTS [2008] 9 S.C.R.

A suant to a settlement arrived at between the two branches. They
decided that the properties may be divided half and half. Indis-
putably, the said consent decree has been acted upon. Once
that consent decree has been acted upon, the question of re-
opening the entire suit by setting aside the decree passed in
B the said O.S. No. 2459of1982 would not arise. It is also not in
dispute that the properties which fell in the share of the parties
hereto and Smt. Venajakshi are only four houses. It is also of
some significance to note that the plaintiffs initially filed a suit in
respect of the house in which Singaramma had been given one-
C third share, after the partition was brought about in terms of the
decree passed in the said O.S. No. 2459 of 1982. The basis
for the entire suit being commission of fraud in obtaining the
said consent decree, it was obligatory on the part of the plain-
tiffs to pray for setting aside the said decree. The pleadings of
the appellants in the said suit in which they were parties are
0
binding on them in the subsequent proceedings proprio vigore.
Unless fraud was proved, they could not have got rid of the same.
The said deqee has been acted upon. Pursuant to or in
furtherance of the said decree, ten sale deeds have been ex-
E ecuted.
24. It may be true that although the properties were de-
scribed as coparcenary property and both the branches were
granted equal share but it must be remembered that the de-
cree was passed on the basis of the settlement arrived at. It
F was in the nature of a family settlement. Some 'give and take'
was necessary for the purpose of arriving at a settlement. A
partition by meets and bounds may not always be possible. A
family settlement is entered into for achieving a larger purpose,
viz., achieving peace and harmony in the family.
G
In Hari Shankar Singhania and Others v. Gaur Hari
Singhania and Others [(2006) 4 SCC 658], this Court held:
"43. The concept of "family arrangement or settlement"
and the present one in hand, in our opinion, should be
H treated differently. Technicalities of limitation, etc. should
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 325
AND OTHERS [S.B. SINHA, J.]
-"'·
:' not be put at risk of the implementation of a settlement A
(
drawn by a family, which is essential for maintaining peace
and harmony in a family. Also it can be seen from decided
cases of this Court that, any such arrangement would be
upheld if family settlements were entered into to allay
disputes existing or apprehended and even any dispute B
.... or difference apart, if it was entered into bona fide to
... maintain peace or to bring about harmony in the family.
Even a semblance of a claim or some other ground, as
say affection, may suffice as observed by this Court in
Ram Charan Das v. Girjanandini Devi" c
[See also Govt. of A.P and Others v. M. Krishnaveni and
Others (2006) 7 SCC 365 .and Ramdev Food Products (P)
Ltd. v. Arvindbhai Rambhai Patel (2006) 8 SCC 726]

25. One of the grievances raised by Mr. Chandrasekhar
,f D
is that the original deed of partition 22nd July, 1957 was not pro-
~
duced. It was, however, a registered document. A perusal of the
averments made in the plaint categorically goes to show that
the partition referred to therein by and between K. Sreenivasulu
and his brothers related to the partition effected in 1957. The
plaintiffs - appellants were, thus, aware thereof. They did not E
contend in the plaint that the said deed of partition dated 2nd
July, 1957 was in effect and substance a deed of dissolution of
partnership. They stated so for the first time in the list of dates
.. . in the Special Leave Petition. In response thereto, only the re-
spondents have produced the said deed and sought to adduce F
additional evidence to prove the said fact. In our opinion, it is
not necessary to do so as the admissions made by the appel-
lants in their pleadings themselves are sufficient to hold that the
property was a joint family property and by reason of the said
deed of settlement culminating in passing of the compromise G
decree dated 20..12.1982, a valid consent decree was passed.
~~
It is not a case that there had been a fraud or misrepresentation
on the part of K.S. Prakash Respondent No.1 alone herein but
if a fraud or misrepresentation is to be attributed, the same must
be attributed to the entire family representing both the branches. H
326 SUPREME COURT REPORTS [2008] 9 S.C.R.

· A They must have thought that by reason of such averments a
settlement can be brought about. The averments made in the \
suit filed by one branch were accepted by the other branch with-
out any demur whatsoever.
26. Even otherwise, in view of the well-settled principles
8 of law that when a son gets a property from his father, as soon
as sons are born to him, a joint family is constituted. It is not a
case that sons from either side of the family were born before
the Hindu Succession Act 1956 came into force.
c 27. The said compromise decree was acted upon. A deed
of partition was entered into.
28. All the parties including Singaramma came to the of-
fice of the Sub-Registrar for the said purpose. There is nothing
to show nor the plaint contains any averments that a fraud or
D mis-representation had been practised on Singaramma. It is \
true that she was not well and had undergone an operation at ~·
Vellore but bereft of that there is nothing to show that she was
keeping unwell for a long time so as not to possess a sound
disposing mind. Before the said deed of partition was entered
E into, on 151h July, 1983 a special power of attorney was executed
by Ranganayakamma in favour of Respondent No. 1. A clear
recital was made therein that she had agreed to relinquish her
interest. The power of attorney was being executed pursuant
thereto.
•
F Mr. Chandrasekhar has drawn our attention to the state-
ments made in the power of attorney to contend that no other or
further agreement was entered into and the power of attorney
should have been preceded by a regular deed. In our opinion, it
was not necessary. Relinquishment may be unilateral. A sister
G relinquishing her right in favour of the brothers may do so in
various ways. Expression to that effect may be made in several
ways.
29. A power of attorney need not disclose the purpose for
H which the relinquishment is made or the consideration thereof.
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 327
,.... AND OTHERS [S.B. SINHA, J.]

Another power of attorney was executed by Defendant No. 4 in A

-·
favour of Singaramma to enter into a deed of partition. It was
'~
.not produced. But, the said power of attorney concededly had
nothing to do with the said property. It was in respect of other
business. Defendants - Respondents rely thereupon only to
show that for the purpose of better management bf the proper- B
f ties and business, the sisters used to execute power of attor-
neys. They knew about the nature and character of the said
"" documents. They never stated that any fraud or misrepresenta-
tion had been practised in regard to the character of the docu-
ment; the effect whereof we would discuss a little later. c
30. Coming now to the deed of partition, admittedly, one-
third share in Item No. 3 had been given to the mother. Appel-
!ants and other sisters relinquished their right, title and interest
therein. The materials brought on records by the parties would
• clearly go to show that they had taken a decision in unison. A D
.,,._
similar power of attorney was executed by one of the sisters
being Smt. Venajakshi, who, as noticed hereinbefore, upon re-
ceipt of .a sum of about Rs. 40,000/-, re!inquished her right. It
may be true that in the said deed of partition dated 5th August,
1983, the amount of consideration was shown at Re. 1/-. But E
whether the same by itself would invalidate the said deed of
partition is another question which we intend to deal with at an
appropriate stage. The fact, however, remains that in the plaint
,. .. filed in the present suit by the appellants, the execution or valid-
ity of the document including the registered power of attorneys F
and deeds of lease being Exhibit Nos. 9, 10, 11, 12, 13 and 14
executed between 1983 and 1985 are not in question. These
documents in categorical terms go to show that the partition
effected in 1983 had been acted upon.
31. It would be of some importance, furthermore, to notice G
~ that the plaintiff-Appellant No. 1 Kanthamma in her deposition
before the learned Trial Judge admitted:
(i) Her father was carrying on business in Sarees.
(ii) Each of the sisters had been given one rupee and H
328 SUPREME COURT REPORTS [2008] 9 S.C.R.

......
A their signatures were obtained on the partition deed
dated 5th August, 1983. There was some function on
that date, on which occasion all the sisters had put
their respective signatures. There had been a partition
between the children of the second wives of
B Sreenivasulu and children of her mother.
)
(iii) A suit was instituted which ended in compromise.
,..
She had affection for and faith in Defendant Nos. 1
and 2.

c (iv) She was told by others that she had been cheated
by their brothers. She, however, could not say as to
who they were. She speaks fluent English. She signed
the documents in English. She had been running a
poultry business under the name and style of Kantha
D
Poultry Farm. She had also been doing saree ..
business with her husband. Her husband had a roller ....
flour mill business. He is also one of the partners in
Singaramma Flour Mills, Bangalore.
(v) One of the sisters of the plaintiff, viz., Defendant No.
E 8 was a Science graduate from Mount Carmel
College. Ranganayakamma although made an
attempt to show that she had not signed any power
of attorney but accepted that once she had signed
some power of attorney. It is accepted that the power •
~

F of attorney was executed at Cuddapah, her own
place.
(vi) From the deposition of the appellants it would further
appear that they had accepted that the documents
had been executed either in the office of the
G advocates or at Cuddappah, which is their place of
residence in presence of their own advocates and/
or they had visited the registration office and put
their signatures/thumb impressions before the
Registrar, no case of fraud or mis-representation has
H been made out.
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 329
AND OTHERS [S.B. SINHA, J.]
/
/
(vii) She had been going to the Sub-Registrar's office as A
also to the offices of the Advocates. The power of
attorney was signed in the Chamber of the
Advocates. She accepted that her mother had been
given one-third share in Item No. 2 properties. She
accepted her signatures in the power of attorney B
dated 20.12.1983 and the signature of her Advocate
Mr. T.S. Ranganaikalu which was marked as Exhibit
D-9.

(viii) It is also accepted that after the death of her father
she had been given 1/11 1h in Item No.2 of Schedule c
property.

(ix) One of the documents was attested by Mr. T.S.
Ranganaikalu and Mr. N.K. Swamy, Advocates.
>-
.. (x) She also accepted that a deed of lease was executed
in favour of Defendant No. 9 M/s. Voltas Limited and
D

she had been receiving Rs. 9000/- per month from
the said Company. In one of the documents even her
husband is an attesting witness. He is also a lawyer.
E
It was, therefore, difficult to arrive at a conclusion that the
plaintiffs - appellants were not aware of the nature of the docu-
ment or any fraud had been practiced on them .
.. ... 32. The aforementioned findings have a direct bearing on
the question as to whether the deed of partition as also the power F
of attorneys were vitiated by reason of any fraud or mistake on
the part of the respondent Nos. 1 and 2 herein. It is a well-settled
principle of law that a void document is not required to be
avoided whereas a voidable document must be. ;It is not neces-
sary for us to advert to a large number of decisions of this Court
G
~-+ and other High Courts on this issue as more or less it is con-
eluded by a decision of this Court in Prem Singh v. Birbal and
Others [(2006) 5 SCC 353] wherein this Court held:
.J
"16. When a document is valid, no question arises of its
cancellation. When a document is void ab initio, a decree H
330 SUPREME COURT REPORTS [2008] 9 S.C.R.
>-

A for setting aside the same would not be necessary as the ~

same is non est in the eye of the law, as it would be a
nullity."
33. Section 16 of the Indian Contract Act provides that
any transaction which is an outcome of any undue misrepre-
B sentation, coercion or fraud shall be voidable.
,,
If, however, a document is prima facie valid, a presump-
tion arises in regard to its genuineness.

In Prem Singh (supra), it was stated:
c
"27. There is a presumption that a registered document is
validly executed. A registered document, therefore, prima
facie would be valid in law. The onus of proof, thus, would
be on a person who leads evidence to rebut the ,..
presumption. In the instant case, Respondent 1 has not _.,
D
been able to rebut the said presumption."
It was opined:

"12. An extinction of right, as contemplated by the
provisions of the Limitation Act, prima facie would be
E
attracted in all types of suits. The Schedule appended to
the Limitation Act, as prescribed by the articles, provides
that upon lapse of the prescribed period, the institution of
a suit will be barred. Section 3 of the Limitation Act l
~

provides that irrespective of the fact as to whether any
F defence is set out or is raised by the defendant or not, in
the event a suit is found to be barred by limitation, every
suit instituted, appeal preferred and every application made
after the prescribed period shall be dismissed."
In Mst. Rukhmabai (supra), this Court held:
G
+-~
"In unraveling a fraud committed jointly by the members of
a family, only such letters that passed inter se between
them can give the clue to the truth ... "
Yet again in A. C. Ananthaswamy v. Boraiah [(2004) 8 SCC
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 331
AND OTHERS [S.B. SINHA, J.]

588], this Court categorically laid down that in establishing al- A
leged fraud, it must be proved that the representation made
was false to the knowledge of the party making such represen-
tation or that the party could have no reasonable belief that it
was true. Level of proof required in such a case was held to be
extremely high. B
...
34. Another aspect of the matter cannot also be lost sight
-"'(
of.

Order VI, Rule 4 of the Code of Civil Procedure reads as
under: c
"4. Particulars to be given where necessary
In all cases in which the party pleading relies on any
misrepresentation, fraud, breach of trust, wilful default, or
~ undue influence, and in all other cases in which particulars
D
.l may be necessary beyond such as are exemplified in the
forms aforesaid, particulars (with dates and items if
necessary) shall be stated in the pleading."
35. When a fraud is alleged, the particulars thereof are
required to be pleaded. No particular of the alleged fraud or E
misrepresentation has been disclosed.
36. We have been taken through the averments made in
the plaint. The plea of fraud is general in nature. It is vague. It
was alleged by the plaintiffs that signatures were obtained on
"' >..

several papers on one pretext or the other and they had signed F
in good faith believing the representations made by the respon-
dents, which according to them appeared to be fraudulent rep-
resentation. When such representations were made, what was
the nature of representation, who made the representations and
what type of representations were made, have not been stated. G
.. -+- Allegedly, on some occasions, respondent Nos. 1 and 2 used
to secure the signatures of one or more of the plaintiffs and
defendants No. 3 to 8 on several papers but the details therein
had not been disclosed.
H
332 SUPREME COURT REPORTS [2008] 9 S.C.R.

A 37. Admittedly, the papers were signed either in the office
of the advocate or before the Sub-Registrar. It was, therefore,
done at a public place. No signature was obtained on the blank
paper. No document was executed in a hush-hush manner. It
has been alleged that taking fraudulent advantage of the inno-
B cence and ignorance of the plaintiffs and Defendant No. 2, the
said deed of partition was executed resulting in an unjust, un- .,,.
fair and unequal fraudulent partition of the unequal properties. If
their signatures had not been obtained on blank sheets of pa-
pers, it was for the plaintiffs - appellants to show who had taken
c advantage and at what point of time. Both the courts below have
come to the conclusion that the sisters jointly had taken a stand
that they would not claim any share in the property. One of the
sisters, who wanted a share in the property, had been paid a
sum of Rs. 40,000/- and she had executed a deed of relinquish-
D ment. The said fact is not denied. All other sisters were, thus,
aware thereof. They knew what was meant by relinquishment.
All deeds including the said deed of partition was executed with
the knowledge that they had been signing the deed of partition
and no other document.
E This has categorically been stated by the plaintiff No. 1
Kanthamma in her evidence which we may notice in the follow-
ing terms:
1. "Each of the sisters have been given one rupee and

F
signatures were obtained on partition deed on
5.8.1983"
... •
2. "I had gone to Sub-Registrar's office at the time of
registration of the said partition deed. Sub-Registrar
did not explain the contents of the said partition deed.
G 3. "I do not remember the date on which I affixed my
signature on partition deed. We all the sisters and
mother had gone to Sub-Registrar's Office at the +---
time of registration of the partition deed."
They were, therefore, aware that the deed in question was
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 333
AND OTHERS [S.B. SINHA, J.]

a deed of partition. They admitted that they had put their signa- A
lures before the Sub-Registrar and no where else. Their state-
ments appear to be far-fetched and beyond the ordinary hu-
man conduct. If a plea was to be raised and evidence was re-
quired to be addressed that there had been a fraudulent mis-
representation as regards the character of partition deed (Ex- B
~ hibit D-6) and in absence of any particulars having been fur-
.,. nished as regards alleged fraud and misrepresentation, the said
deeds would not be void but only voidable.

38. We are, however, not oblivious of the decisions of this
Court and other High Courts that illegality of a contract need not C
be pleaded. But, when a contract is said to be voidable by rea-
son of any coercion, misrepresentation or fraud, the particulars
thereof are required to be pleaded.

In Chief Engineer, M.S.E.B. and Another v. Suresh
0
Raghunath Bhokare [(2005) 10 SCC 465], the law is stated in
the following terms:
" ... The Industrial Court after perusing the pleadings and
the notice issued to the respondent came to the conclusion
that the alleged misrepresentation which is now said to E
be a fraud was not specifically pleaded or proved. In the
show-cause notice, no basis was laid to show what is the
nature of fraud that was being attributed to the appellant.
No particulars of the alleged fraud were given and the
said pleadings did not even contain any allegation as to F
how the appellant was responsible for sending the so-
called fraudulent proposal or what role he had to play in
such proposal being sent..."
[See also Prem Singh (supra)]
G
In Ramesh B. Desai and Others v. Bipin Vadilal Mehta.·
and Others [(2006) 5 SCC 638], this Court emphasized the
necessity of making requisite plea of Order VI, Rule 4 stating:
"22. Undoubtedly, Order 6 Rule 4 CPC requires that
complete particulars of fraud shall be stated in the H
334 SUPREME COURT REPORTS [2008] 9 S.C.R.

A pleadings. The particulars of alleged fraud, which are
required to be stated in the plaint, will depend upon the
facts of each particular case and no abstract principle can
be laid down in this regard."
In Sangramsinh P Gaekwad and Others v. Shantadevi
B P Gaekwad (Dead) Through LRs. and Others [(2005) 11 SCC
314], this Court held:

"207. We may now consider the submissions of Mr Desai
that Appellant 1 herein is guilty of commission of fraud.
c Application filed by Respondent 1 before the Gujarat High
Court does not contain the requisite pleadings in this
behalf, the requirements wherefor can neither be denied
nor disputed.
208. It is not in dispute that having regard to Rule 6 of the
D Companies (Court) Rules, the provisions of the Code of
Civil Procedure will be applicable in a proceeding under
the Companies Act. In terms of Order 6 Rule 4 of the
Code of Civil Procedure, the plaintiff is bound to give
particulars of the cases where he relies on
E misrepresentation, fraud, breach of trust, etc."
39. Strong reliance has been placed by Mr. Chandrasekhar
on a decision of the Orissa High Court in Sundar Sahu Gountia
and others v. Chamra Sahu Gountia and others [AIR 1954
Orissa 80], wherein it was opined:
F
"12. The principles deducible from a consideration of these
authorities may be summarised as follows :
(i) To constitute a valid family arrangement the transaction
should be one which is for the benefit of the family generally.
G
(ii) The consideration for the arrangement may be
preservation of the family property, preservation of the
peace and honour of the family, or the avoidance of
litigation.
H iii) It is not essential that there should be a doubtful claim,
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 335
AND OTHERS [S.B. SINHA, J.]

(""" or a disputed right to be compromised. If there is one, the A
settlement may be upheld if it is founded on a reciprocal
'give and take and there is mutuality between the parties,
in the one surrendering his right and in the other forbearing
to sue. In such cases the Court will not too nicely scrutinise
the adequacy of the consideration moving from one party B
to the other.

(iv) In any case, if such an arrangement has been acted
..... '4
upon the Courts will give effect to it on the ground of
estoppel or limitation and the like.
c
(v) A family arrangement may also be upheld if the
consideration moves from a third party.

(vi) If it appears to the Court that one party has taken
undue advantage of the helplessness of the other and
there is no sacrifice of any right or interest, the agreement D
• is unilateral and is devoid of consideration.
,l
(vii) The consent of the parties should be freely given to
the arrangement and gross inadequacy of consideration
may be a determining factor in judging whether the consent
was freely given. E

(viii) If the agreement involves or implies an injury to the
person or property of one of the parties, the Courts retain
an inherent power to prevent injustice being done."

"' >( In that case, the court refused to record the alleged settle- F
ment between the parties. It was in that situation, the appeal
was filed before the High Court. The ratio enunciated therein,
that preserving the family property cannot, therefore, form the
ground or consideration for the arrangement by the party to forgo
a substantial part of his share so as to make the compromise G
binding upon him, ex facie appears to be contrary to the deci-
~·--t sion of this Court in Hari Shankar Singhania (supra) and
Ramdev Food Products (P) Ltd. (supra).
In Ramdev Food Products (P) Ltd. (supra), this Court held:
H
336 SUPREME COURT REPORTS [2008] 9 S.C.R.

A "35. We may proceed on the basis that the MoU answers ~.
the principles of family settlement having regard to the
fact that the same was actuated by a desire to resolve the
disputes and the courts would not easily disturb them as
has been held in S. Shanmugam Pillai v. K. Shanmugam
B Pillai, Kale v. Dy. Director of Consolidation and Hari
Shankar Singhania v. Gaur Hari Singhani."

When there arises a question as to whether the suit was
to be regarded as having adjusted by way of mutual agreement ~ .
so that it can be disposed of on the said terms, in the event of a
c dispute, the consideration is different. However, where a settle-
ment had been arrived at and a decree has been passed on
the premise that the said compromise was lawful, we are of the
opinion that the same cannot be permitted to be reopened only
on the question as to whether the properties were joint proper-
D ties or the self-acquired property of Sreenivasulu .
The said decision, therefore, in our opinion cannot be said ..l
to have any application whatsoever.
40. It is also not a case where the settlement was contrary
E to any statutory provision or was opposed to public policy as
envisaged under Section 23 of the Indian Contract Act. If the
principle ex turpi causa non oritur actio is to be applied in re-
spect of the consent decree, the matter might have been differ-
ent. The court shall apply the statute for upholding a compro-
F mise unless it is otherwise vitiated in law. It is not required to go ~
into the question as to whether the contents of the said settle- '"'
ment are correct or not. Only in a case where fraud on the party
or fraud on the court has been alleged or established, the court
shall treat the same to be a nullity. Fraud, as is well known, viti-
ates all solemn acts. [See Ganpatbhai Mahijibhai Solanki v.
G
State of Gujarat and Ors., 2008 (3) SCALE 556] but the same
must be pleaded and proved.
41. We may now consider the submission of Mr.
,......
Chandrasekhar as to what is meant by 'release'. Reliance has
H been placed on De'Souza's Conveyancing, page 1075, wherein
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 337
AND OTHERS [S.B. SINHA. J.]

"'" it has been stated:
"A deed of release does not create title. A release may be
A

drafted in the same form as a deed of transfer or simply
as a deed poll or a deed to which both parties may join
stating the circumstances under which the release is
based. Either the monetary consideration or "the B
premises", i.e., facts in consideration of which the release
~
is made shall be stated."
~
42. Our attention has also been drawn to essentials of 're-
lease' from the said treatise, which are as under: c
"(i) Full recitals of the origin of the claim, which form the
most important part;

(ii) knowledge of the releaser about the claim, intended
to be released;
D
~
(iii) words and expressions sufficiently clear to convey
~
the intention of the releaser to discharge the right or
the claim."
43. A deed of 'release' for a consideration is a transac-
E
tion. When, thus, a release is made for consideration, the par-
ticulars of consideration and other particulars which are required
to be averred in the deed being essential elements thereof.
Relinquishment of a property by a sister in favour of her brother
for a consideration or absence of it, stands on a different foot-
"I )<. ing. Section 25 of the Indian Contract Act must be read and F
construed having regard to the fact situation obtaining in the
cases.
In Smt. Manali Singhal and another v: Ravi Singhal and
others [AIR 1999 Delhi 156], it was held: G
"20. Learned counsel for the defendants has then argued
that the impugned settlement is without any consideration.
''i
Hence the same is hit by S. 25 of the Contract Act. The
contention of the learned counsel may be an ingenious
one but can be brushed aside without any difficulty. Parties H
338 SUPREME COURT REPORTS [2008] 9 S.C.R.

A more often than not settle their disputes amongst
themselves without the assistance of the Court in order to
give quietus to their disputes once and for all. The
underlying idea while doing so is to bring an era of peace
and harmony into the family and to put an end to the discord,
B disharmony, acrimony and bickering. Thus the
consideration in such type of settlements is love and
affection, peace and harmony and satisfaction to flow
therefrom."

44. We would proceed on the basis that the consideration
C of rupee one shown in the deed of partition is no consideration
in the eye of law. However, the question is as to whether a par-
tition deed would be violative of Section 25 of the Indian Con-
tract Act for want of consideration. It is per se not a void docu-
ment. No such plea was raised. No issue has been framed. No
D evidence has been adduced. No ground has been taken even
in the memo of appeal before the High Court. The validity of the
partition deed (Ex. D-6) by reference to the recitals of t~e re-
lease of shares by the daughters of Sreenivasulu has not been
questioned.
E 45. Renunciation in the Indian context may be for consid-
eration or may not for consideration. This has been so held by
this Court in Kuppuswamy Chettiar v. AS.PA. Arumugam
Chettiar and Another [( 1967) 1 SCR 275] in the following terms:

F "In the present case, the release was without any
consideration. But property may be transferred without
consideration. Such a transfer is a gift. Under Section
123 of the Transfer of Property Act, 1882, a gift may be
effected by a registered instrument signed by or on behalf
of the donor and attested by at least two witnesses.
G
Consequently, a registered instrument releasing the right,
title and interest of the releaser without consideration may
operate as a transfer by way of a gift, if the document
clearly shows an intention to effect the transfer and is signed
by or on behalf of the releasor and attested by at least two
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (0) 339
AND OTHERS [S.B. SINHA, J.]
...""
witnesses. Exhibit B-1 stated that the releaser was the A
owner of the properties. It showed an intention to transfer
his title and its operative words sufficiently conveyed the
title. The instrument, on its true construction, took effect as
a gift. The gift was effectively made by a registered
instrument signed by the donor and attested by more than B
two witnesses."

The said principle has been noticed by a Full Bench of the
Madras High Court in Chief Controlling Revenue Authority, Re-
ferring Officer v. Rustom Nusserwanji Patel [AIR 1968 Madras
159] stating : c
"(8) In the present case, prima facie, it may be contended
with great force and plausibility that the document rightly
purports to be a release and should be received as such.
~ For it cannot be disputed, we think, that the estate in
D
J.
question is owned by two parties or co-owners, that the
releasee has already an undivided half share in the estate
and that what the releaser purports to do by the document
is to effect himself, in respect of both this title and his right
to possession in favour of the releasee. Nevertheless, Sri
Ramaswami for the State has contended, upon two main E
lines of reasoning, that the document has to be interpreted
as a conveyance or should be held essentially to be such.
The first line of reasoning is based upon the distinction
'I.
}'.
well known to law borrowed from the English law of real
Property between a joint tenant and a tenant-in-common. F
This distinction has also been applied to the concept of a
Hindu Coparcenary as existing before a division in status
and the state of rights between erstwhile co-parceners
after division is status as would be apparent from cited
passages in Mulla's Hindu law. The other line of reasoning G
is that upon the actual phraseology of Article 55 of
~ Schedule I such a document as this cannot amount to a
release."
46. The question again came up for consideration before
H
340 SUPREME COURT REPORTS [2008] 9 S.C.R.

).~

A a Special Bench of the Madras High Court in The Chief Con-
trolling Revenue Authority, Board of Revenue, Madras v. Dr
K. Manjunatha Rai [AIR 1977 Madras 1O], in the context of the
Payment of Stamp Duty wherein it was categorically held:

" ... For a release, in law. may be effected either for
B consideration or for no consideration. In either case, if the
transaction operates as a relinquishment or a renunciation
of a claim by one person against another or against a
specified property, it will be a release ... "

c It is, therefore, not a pure question of law.

47. Section 25 of the Indian Contract Act contains several
exceptions, that is to say : (i) if it is in writing; (ii) if it is regis-
tered or (iii) if the same has been executed on account of love
and affection. The deed of partition is both in writing and regis-
D tered. One of the questions which had been bothering this Court ...
is as to whether a document had been executed out of love and A.

affection or not. The fact that the parties are near relatives is
not in dispute. The love and affection of the sisters on the broth-
ers has categorically been accepted by Plaintiff No. 1
E Kanthamma in her deposition, stating:
"In the house of defendants 1-2 whenever there is a
function, as our father died and since we had more affection
and faith on defendants 1-2, we used to sign the documents
without going through the contents." .>;
,.
F
48. The deed of partition could have also been entered
into by way of family arrangement where no registration was
required. Such a course of action had not been taken. The par-
ties knew the nature of the document. Appellants and other sis-
ters being highly educated were supposed to know the con-
G
tents thereof. Their husbands are well-off in the society. The
transaction, therefore, was transparent. Furthermore, the mother ~
was alive. She was also a party to the deed of partition. She
must have played a pivotal role. She even if suffering from ill-
ness might be anxious to see that family properties are settled.
H
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 341
AND OTHERS [S.B. SINHA, J.]
,....
Release by an heir other than a co-parcenar does not need any A
consideration. A release is valid even without consideration.
49. Mr. Chandrasekhar, however, has drawn our attention
to Anson's Law of Contract, page 154, wherein the law is stated
to be as under:
B
Ill " ... Some additional factor is required to bring a case
'
"1 within one of the exceptions: for example, the existence of
a relationship in which one party is able to take an unfair
advantage of the other. In the absence of some such factor,
the general rule applies that the courts will enforce a c
promise so long as some value for it has been given."

As regards, nominal and inadequate consideration, the
learned Author states:

;. "'Nominal consideration' and 'nominal sum' appear. ... , as
D
.... terms of art, to refer to a sum or consideration which can
be mentioned as consideration but is not necessarily paid.
This view was expressed by Lord Wilberforce (in a speech
with which all the other members of the House of Lords
concurred) in Midland Bank & Trust Co. Ltd. v. Green. In
E
that case a husband sold a farm, said to be wroth £40,000,
to his wife for £500. It was held that the wife was, for the
purposes of Section 13(2) of the Land Charges Act 1925,
a "purchaser for money or money's worth" so that the sale
~ to her prevailed over an unregistered option to purchase
x
the land, which had been granted to one of the couple's F
children. It was not necessary to decide whether the
consideration for the sale was nominal but Lord
Wilberforce said that he would have "great difficulty" in so
holding; and that "To equate 'nominal' with 'inadequate' or
even 'grossly inadequate' consideration would embark G
.. i the law on inquiries which I cannot think were ever intended
by Parliament. On the facts of the case the £500 was in
fact paid and was more than a mere token, so that the
consideration was not nominal on either of the two views
stated above. But if the stated consideration had been H
342 SUPREME COURT REPORTS [2008] 9 S.C.R.

,I."
A only £1, or a peppercorn, it is submitted that it would have
been nominal even if it had been paid, or delivered, in
accordance with the intention of the parties."
50. The same principle might have been applied in the

-
Indian Contract Act. "Consideration" has been defined in Sec-
B tion 2(d) of the Indian Contract Act, which reads as under:

"(d) When, at the desire of the promiser, the promisee or '
).

any other person has done or abstained from doing, or
does or abstains from doing, or promises to do or to
c abstain from doing, something, such act or abstinence or
promise is called a consideration for the promise;"
51. Consideration even in the Indian context would mean
a reasonable equivalent or other valuable benefit passed on by
the promiser to the promise or by the transferor to the trans-
D feree. Love and affection is also a consideration within the ....
_..._
meaning of Sections 122 and 123 of the Transfer of Property
Act.
52. In Mt. Latif Jahan Begam v. Md. Nabi Khan [AIR 1932
Allahabad 174], the Allahabad High Court rightly held that a
E question in regard to the adequacy of consideration for the pur-
pose of attracting Section 25 of the Indian Contract Act is a
mixed question of fact and law and not a pure question of law
stating:

" ... The question did not involve a mere point of law. It ><
,
F
required the determination of a question of fact, viz.,
whether the agreement was made on account of natural
love and affection. The Court below was not justified in
recording a finding that the plaintiff had not proved that
there was any affection between herself and her father in
G
law. There was no occasion in this case for the plaintiff to
offer any proof on a point which was not raised at the trial. '"' .,
We are of opinion that the learned District Judge has
erred in entertaining and giving effect to this plea."

H Yet again in Gauri Shanker v. Mis. Hindustan Trust (Pvt.)
RANGANAYAKAMMAAND v. K.S. PRAKASH (D) 343
I
f.A.
AND OTHERS [S.B. SINHA, J.]

Ltd. and Others ((1973) 2 SCC 127], this Court did not permit A
an amendment of the pleadings in that behalf after a long time.
We are, however, not oblivious of the fact that this Court in
some of its decisions opined that the court stiould allow amend-
' ment of the plaint liberally as was done in the case of Bhikhubhai
~ Vithlabhai Patel & Ors. v. State of Gujarat & Anr [2008 (4) B

-'I
SCALE 278] but the factual matrix involved therein is completely
~

different.

In M/s. John Tinson and Co. Pvt. Ltd. and others v. Mrs.
Surjeet Malhan and another [AIR 1997 SC 1411], it is stated c
that a distinction must be made between a transaction which is
invalid in law being ultra vires the Articles of Association and
other transactions. What is contemplated is the sense of ad
idem for a concluded contract but when a document can be
~ executed for no consideration, pleading in that behalf would be
~
D
a must.
53. The High Court, therefore, in our opinion, was correct
in not allowing the appellants to raise the said contention.
54. We may, furthermore, notice that the deed of partition
(Ex. D-6) had been acted upon by the appellants and other sis- E
ters. They executed a deed of lease in respect of their 1/11th
share each in the 1/3'd share in one of the items of the proper-
ties in favour of the tenant, Defendant No. 9. The lease deed
"' )<
executed by Plaintiff No. 1 (Ex. D-14) is dated 16.02.1985. In
terms of the deed of partition, one of the plaintiffs received rent- F
'
. als in respect of her share from the tenants. There are a large
number of documents brought on records by the parties where-
from a positive knowledge of execution of the said partition deed
on the part of the sisters is possible to be attributed. The said
documents are: G
." 1
1. Exhibit D-4 dated 4-2-1985, Power of Attorney
executed by Plaintiff No. 1 mentioning D-6
2. Exhibit D-9 dated 20-12-1983, Power of Attorney by
Plaintiff No. 2 referring to D-6 H
344 SUPREME COURT REPORTS [2008] 9 S.C.R. \
)._ ~

A 3. Exhibit D-14 dated 16-2-1985, Registered lease
deed by Plaintiff No. 1 referring to Exhibit D-6 and
also two other registered lease deeds by Defendants
Nos. 1-8 and Plaintiff No. 2.
4. Exhibit D-19 to D-22 rent receipts having received ,
B rents by the sisters.
\

55. As regards, Power of Attorney executed by
..
Ranganayakamma Plaintiff No. 2. It appears that there were
three such documents, viz. :
c 1. Ex. D - 9 is a Special Power of Attorney executed at
Cuddappcih appointing K.S. Prakash to execute
lease deed with respect to 1/11 th of 113rd share of
mother's share. It was attested byT.S. Ranganaikalu
and N.K. Swamy, Advocates. '\
D ~
2. Ex. D - 10 is a Power of Attorney dated 20.12.1983
executed at Cuddappah appointing K.S. Prakash
relinquishing her share in M/s. Singaramma Flour
Mills. It was attested by T.S. Ranganaikalu and N.K.
Swamy, Advocates.
E
3. Ex. D-11 is an affidavit of Ms. Ranganakayamma
stating on oath that Ex. D-9 is valid and subsisting.
It was attested by R.V. Prasad, Advocate.
)

56. It may be true that there is nothing on record to show "
F that a lease deed was executed by other plaintiff but then there
is nothing to show that she was not aware thereof. If she had not
been paid her share from the rental income, she had not prayed
for mesne profit.

G 57. We may now consider the question of limitation raised
by Mr. Chandrashekhar. ..,. '
Applicability of Article 65 or Article 110 of the Limitation
Act, on the one hand, and Article 59 thereof, on the other, would
depend upon the factual situation involved in a case.
H

.'
RANGANAYAKAMMAAND v. K.S. PRAKASH (0) 345
AND OTHERS [S.B. SINHA, J.]
I ,.<
Article 59 reads as under: A

"59. To cancel or Three When the facts entitling the
years set aside an plaintiff to have the instru-
instrument or decree ment or decree cancelled
or for the rescission or set aside or the contract B
of a contract. rescinded first become
known to him."

A decree for setting aside a document may be sought for
in terms of Section 31 of the Specific Relief Act.
c
Applicability of Article 59 would indisputably depend upon
the question as to whether the deed of partition was required to
be set aside or not. In view of our findings aforementioned, it
was required to be set aside. It is not a case where the deed of
partition by reason of purported wrong factual contention raised
0
in the plaint leading to grant of a consent decree was void ab
initio. It was not. The effect of it would be that the same was
required be set aside. [See Prem Singh (supra}, Mis. Bay Berry
Apartments Pvt. Ltd. &Anr. v Shobha & Ors. 2006 (10) SCALE
596 and Utha Moidu Haji v. Kuningarath Kunhabdu//a and E
Ors. 2006 (14) SCALE 156]
It must, therefore, be held that the suit was barred by limi-
tation.

58. For the reasons aforementioned, there is no merit in
this appeal which is dismissed accordingly. No costs.
F .
R.P. Appeal dismissed.