B. SYAMSUNDER
Moturu Narasimha Rao S/o Late Sarangapani – Appellant
Versus
Ponnam Padmavathi W/o Late Seetha Ramaiah – Respondent
JUDGMENT :
B. SYAMSUNDER, J.
1. The defendants in O.S. No. 319 of 2008 on the file of Senior Civil Judge’s Court, Mangalagiri are the appellants. The 3rd appellant/3rd defendant died during the pendency of the appeal, due to that the appellant Nos. 6 and 7 are added as her legal representatives. The respondent is the plaintiff in the suit. Originally, the suit was instituted by the respondent against the appellants, seeking declaration that Ex.A2/ Registered Cancellation Deed, dated 10.12.2003 said to have been executed by her mother Smt. Seetharavamma is not valid and legal, which not binding on her and for consequential permanent injunction, restraining the appellants from in any way interfering with her peaceful possession and enjoyment of the plaint schedule property, which is an agricultural land to an extent of Ac. 1.03½ cents, out of Ac. 2.83 cents in D. No. 110/E3 within the specific boundaries, situated at Rayapudi village.
2. The appellants and the respondent hereinafter referred to as defendants and plaintiff as arrayed before the trial Court.
3. The plaintiff instituted the suit against defendants for declaration that Ex.A2/Registered Cancellation Deed, dated 10.12.2003 sai
Srigiri Venkata Ramanamma (Died) as LRs and Others vs. Srigiri Sri Venkateswara Rao
Thota Ganga Lakshmi and Another vs. Government of Andhra Pradesh and Another
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
The legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
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 registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.
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.
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