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1957 Supreme(AP) 201

BHIMASANKARAM
Julakanti Krishnamurthi – Appellant
Versus
Appalarajugari Venkata Ramanaiah – Respondent


Advocates:
M.S. Ramachandra Rao and M. Krishna Rao, for Appellants; K.B. Krishnamurthy, for Respondent.

JUDGMENT : The plaintiffs, two in number, who are both minors represented by their next friend and mother, along with the defendants 3 and 4 are the appellants in this second appeal. The suit out of which this second appeal arises was for recovery of possession of the plaint schedule properties from 1st defendant. According to the plaint, the defendants 2 and 3 are also entitled along with the plaintiffs to the joint possession of the properties and as they had not joined as plaintiffs, they were made defendants.

2. The case of the plaintiffs is that the 1st defendant executed and registered a gift deed in favour of themselves, defendants 2 and 3 and another Palur Ramayya on 10-4-1945 which he purported to revoke by another registered deed on 8-5-1945. The plaintiffs claim that the 1st defendant had no right to revoke the gift deed. The main defence of the 1st defendant was that there was no acceptance of the gift by the plaintiffs or the other donees and that therefore he was not entitled to revoke it.

The trial Court found that there was proof of acceptance by the donees and since according to the terms of the gift deed the 1st defendant was entitled to continue in possession of th








































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