Madhava Reddy, J. - (1.) This appeal is directed against Judgment and decree in O.S. No. 40/66 on the file of the Additional Chief Judge, City Civil Court, Hyderabad C.C.C.A. 86/1976. Dt. 26-3-1979.
(2.) The 1st defendant is the appellant herein. The plaintiff's suit for recovery of plaint schedule properties which comprise of a house bearing No. 3-5-4 and 3-3-5 situated at Ramkote, Hyderabad and for the recovery of a sum of Rs. 9,725/- and a sum of Rs. 13,000/- being the value of the moveable property was decreed by the trial Court against deferdants 1 to 5.
(3.) The 1st defendant is the son of the 1st plaintiff The 2nd defendent is the father-in-law of the 1st defendant. The 3rd defendant is tbc power of Attorney holder of the plaintiff and the 4th defendant is the tenant of the suit house. The 5th defendant is the purchaser of the suit house from the 1st defendant, Dr. Brahmanandam, the 1st plaintiff had secured a Life interest in the suit house under a will executed by his wife on 10-3-1960. II is his case that while he was living in that bouse, on 25-2-1965 at about 3-00 P.M. defendants 1 and 2 entered his house dragged him out and forcibly took him in a taxi to Madugula village in Sangareddy Taluk and kept him under wrongful confinment. There the 2nd defendant requisitioned the services of the 3rd defendant and by threat and intimidation took some letters and documents from him. Oa 17-3-1965 defendants 1 to 3 took him in a taxi from Maendugula village to Khammam town and kept him in house managed by Kirana Maerchant by name Burla Sambasiva Rao. There they administered him some drugs and intoxicants as a result of which he became unconscious and mentally subjugated to the defendants. By threat, coercion and fraud the defendants obtained bis signatures on the papers between 20-3-1965 and 30-3-1965. They also similarly obtained signature on a general power of attorney in favour of the 3rd defendant authorising him to present the documents for registration. On the strength of the signatures obtained on blank withdrawal forms of the Bank, the 2nd defendant withdrew on 21-4-1965 a sum of Rs. 9,1251- from the Savings Bank account of the plaintiff with the Bank of Baroda, Hyderabad. Defendants 1 to 3 also obtained a release deed dated 3-3-1965 at Khammam in respect of the agricultural lands mentioned in schedule I of the planint and in respect of the residential house mentioned in Schedule II. The 1st defendant thereafter executed on uscfrauctuary mortgage on 22-3-1965 in favour of the 4th defendant and delivered possession of the suit house to him. The 1st defendant after removing the plaintiff from the house illegally sold away the entire furniture, valuable books, utensils and other movable properties shown in Schedule III of the plaint valued at Rs. 13.000/-. The 1st defendant sold away the plaint schedule house to No. 5th defendant. The plaintiff therefore prays for the cancellation of the release deed dated 30-3-1965 and for declaration that the release deed dated 30-3-1965 is void for being put in possession of the suit house for a decree for recovery of Rs. 9,725/- against defendants 1 and 2 jointly and severally and for delivering the money and articles mentioned in Schedule III or to pay its value of Rs. 13,000/-.;