Norman Macleod, C J - (1.)The plaintiff in this suit was one Subraya Hariappa Hegde. He alleged in the plaint that when his relation Madappa was absent from the village the defendant told him that his interest would suffer if he acted according to the opinion of Madappa and that the defendant would manage his property in such a way as would safeguard his interest. Having given this improper advice, the defendant had forcibly taken him to Honavar about the beginning of the month of Ashadh (Shake year 1841) and had got a document written and took his signature by a thumb impression thereon; that he did not understand what was written in the document, and received nothing in return in connection with it from the respondent. The defendant, in whose favour the document was signed, is the cousin of the plaintiff. Thereafter the plaintiff wished to get the document bad and objected to its being registered. Accordingly his prayer was that it should be declared that the document which the defendant got written from him was void and it should be given back into his possession and that a permanent injunction should be issued to the defendant restraining him from completing the document by getting it registered.
(2.)The suit was filed on July 21, 1919 The same day the defendant presented an application for registration. On July 24, notice was issued calling upon the defendant to produce the document in Court. In other words that was an application to the Court to prevent the defendant pending the suit from registering it. However before any order was passed on the notice Subraya died in November. Thereafter proceedings took place before the Registrar for registration of the document. Eventually it was registerecd in June 1920.
(3.)At the hearing of the suit, which was continued by the plaintiff's brother's son to whom Subraya had given the property by will, the allegation that the plaintiff had passed the document under undue influence and misrepresentation was negatived, and a decree was passed dismissing the plaintiff's suit, An appeal from this decree was unsuccessful.