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VENUTHURUMALLI GOPALA KRISHNA RAO
Kasani Subba Rao – Appellant
Versus
Puli Radhakrishna Murthy – Respondent
JUDGMENT
Venuthurumalli Gopala Krishna Rao, J. - This Appeal, under Section 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellants/defendants challenging the Decree and Judgment, dated 28.04.2006, in O.S. No.34 of 2000 passed by the learned III Additional District Judge, Guntur [for short 'the trial Court']. The Respondent herein is the plaintiff in the said Suit.
2. The respondent/plaintiff filed a Suit for declaration that the cancellation deed dated 24.07.1995 is invalid and has no legal effect in view of the gift deed dated 27.03.1984 and for consequential relief of possession of the plaint schedule property, for past mesne profits of Rs. 8,000/- at the rate of Rs. 4,000/- per annum for the years 1998-1999 and 1999-2000 and for future mesne profits over the plaint schedule property.
3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.
4. The brief averments of the plaint, in O.S. No.34 of 2000, are as under:
The plaintiff's mother's brother by name Kasani Venkata Subbaiah, who was the owner of the plaint schedule property, executed a gift deed in respect of plaint schedule property on 27.03.1984, (an extent
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
A registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.
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.
The legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
A unilateral cancellation of a registered gift deed without the donee's consent is void ab initio, reaffirming that rights pass to the donee upon valid execution of the gift.
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
The unilateral cancellation of a registered gift deed is void and non-est, as it violates the provisions of Rule 26(i)(k)(i) of the Registration Rules and Section 126 of the Transfer of Property Act,....
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