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SANJAY KAROL, SATISH CHANDRA SHARMA
J. Radha Krishna – Appellant
Versus
Pagadala Bharathi – Respondent
ORDER
1. Appellant lays challenge to the judgment and order dated 15th November, 2012 passed by the High Court of Andhra Pradesh at Hyderabad in S.A. No.1459 of 2005 titled “Pagadala Bharathi & Anr. vs.J.Radha Krishna”.
2. Indisputably, the High Court reversed the concurrent findings of fact recorded by the Trial Court as affirmed by the appellate court. In an appeal (RSA No.1459 of 2005 preferred by the respondent herein) the High Court framed the following substantial questions of law:-
2) Whether the judgments of the courts below suffer from perversity?
3) Whether the courts below were justified in granting declaration to the plaintiff, who is a stranger to the family, basing upon an unregistered Will ignoring the earlier registered Settlement and Gift Deed?
The High Court answered the questions in the affirmative, in favour of the respondents herein. During the course of the hearing it is fairly stated that primarily it is question no.1 which requires consideration by this Court.
3. It is not in dispute that Shri KVG Murthy, had executed a document dated 10.01.1986 (Ex.B.1
Cancellation of Gift-Deed – If a gift is to be revoked or suspended there should be a right reserved – It is not open to a settler to revoke a settlement at his will and pleasure and he has to get it....
The revocation of a settlement deed must be justified under the legal provisions, and the court will consider evidence and legal principles to determine the validity of such revocation.
A gift settlement cannot be revoked unilaterally without the consent of both the donor and the donee under the Transfer of Property Act, 1882.
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