Busireddi Pedda Chinnakka vs Busireddi Chinna Chumrekka

The suit is for the cancellation of a deed of settlement executed by plaintiff in defendant''s favour, whereby she gave defendant 1/3 rd of her

husband''s lands. The plaint sets up coercion and also alleges that defendant failed to return certain jewels which she promised, at the time of the

agreement, to give back to plaintiff, but it does not allege that it was agreed that the return of the jewels should be a condition precedent to the

deed having legal operation. The District Judge does not find that any such condition was agreed to between the parties. He says that as the

defendant failed to return the jewels, the settlement became unenforceable on account of failure of consideration. He is entirely mistaken in so

holding. If in consideration of the conveyance the defendant agreed to return the jewels, the plaintiff was entitled to enforce their return. The failure

to pay the consideration for a conveyance would not defeat the conveyance except where there is an agreement that it should ""take effect only if

the consideration is first paid. Ponnaya Gounden v. Mutlu Gounden 17 M.K 146. No attempt was made to prove coercion. The decree of the

lower Appellate Court is reversed and that of the Munsif restored with costs here and in the lower Appellate Court.