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SUPREME COURT OF INDIA
S.B. Sinha, Markandey Katju, JJ.
Renikuntla Rajamma - Appellant
Vs.
K. Sarwanamma - Respondent
S.L.P. (Civil) Nos. 15246 of 2006
Decided On : 31-01-2007
Deed of Gift - Construction of Deed of Gift - The court considered the construction of a Deed of Gift dated 10.9.1973 and the conflicting judgments in Naramdaben Maganlal Thakker v. Pranjivandas Maganlal Thakker and K. Balakrishnan v. K. Kamalam & Ors. The court found a conflict in the decisions and directed the matter to be heard by a larger Bench for authoritative pronouncements on the provisions of Section 122 and 123 of the Transfer of Property Act.
Fact of the Case:
The question relates to the construction of a Deed of Gift dated 10.9.1973 purported to have been executed by Renikuntla Rajamma in favor of the respondent. The donor did not hand over possession of the property and reserved the right to enjoy it during her lifetime.
Finding of the Court:
The court found a conflict in the judgments of Naramdaben Maganlal Thakker v. Pranjivandas Maganlal Thakker and K. Balakrishnan v. K. Kamalam & Ors. and directed the matter to be heard by a larger Bench for authoritative pronouncements on the provisions of Section 122 and 123 of the Transfer of Property Act. Status-quo was maintained by the parties.
Issues: The construction of the Deed of Gift and the conflicting judgments in Naramdaben Maganlal Thakker v. Pranjivandas Maganlal Thakker and K. Balakrishnan v. K. Kamalam & Ors.
Ratio Decidendi: The conflicting judgments in Naramdaben Maganlal Thakker v. Pranjivandas Maganlal Thakker and K. Balakrishnan v. K. Kamalam & Ors. led the court to direct the matter to be heard by a larger Bench for authoritative pronouncements on the provisions of Section 122 and 123 of the Transfer of Property Act.
Final Decision: The matter was directed to be heard by a larger Bench for authoritative pronouncements on the provisions of Section 122 and 123 of the Transfer of Property Act. Status-quo was maintained by the parties.
ORDER :
1. The question which arises for consideration in this petition relates to the construction of a Deed of Gift dated 10.9.1973 purported to have been executed by Renikuntla Rajamma (since deceased) in favour of the respondent herein. The donor did not hand over possession of the said property. She also expressly reserved unto herself the right to enjoy the same during her life time. The deed of gift was executed subject to the aforementioned conditions. On construction of a document, there appears to be some conflict in the judgments of this Court in Naramdaben Maganlal Thakker v. Pranjivandas Maganlal Thakker and Ors., (1997) 2 SCC 255 and K. Balakrishnan v. K. Kamalam & Ors., (2004)1 SCC 581. Both the decisions have been rendered by a Bench comprising of two Hon'ble Judges.
2. In K. Balakrishnan (supra) the earlier binding precedent in Naramdaben (supra) had not been noticed. We are, therefore, of the opinion that keeping in view the conflict in the said decisions as also for an authoritative pronouncements on the provisions of Section 122 and 123 of the Transfer of Property Act, the matter should be heard by a larger Bench.
3. It is directed accordingly.
4. The Registry is directed to place the records before the Hon'ble the Chief Justice of India for passing appropriate orders.
5. Status-quo, as on today, shall be maintained by the parties.
6. Liberty to mention for early hearing.
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