ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment of the Division Bench of the Kerala High Court, made on March 17, 1995 in Second Appeal No. 358/94.

3. The appellant is admittedly the owner of the property bearing Survey No. 1960/6 in Chettivilakam Village of Trivandrum District. The appellant had filed a suit for possession and declaration that the respondent is a licensee. The trial court decreed the suit on November 3, 1981 and the appeal was dismissed on July 22, 1993. In the second appeal, the High Court has reversed the finding holding that the appellant had executed the gift deed on October 11, 1966 under Ex.A-1 and, therefore, the respondent had become the donee and remained in possession as owner of the property, Accordingly, the suit cannot be decreed. Thus, this appeal by special leave.

The recitals in the deed do indicate thus:

"All the right to enjoy the property and the right to reside in the building will remain with me during my life time and Rajan Asari will derive the said rights with full freedom after my life time."

4. A reading of the above would indicate that the appellant had retained the titl