A registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.

JUDGMENT :

This Appeal, under Section 96 of the Code of Civil Procedure [for short "the C.P.C.‟], is filed by the Appellants challenging the decree and judgment, dated 19.12.1988 in O.S.No.138 of 1984 passed by the Subordinate Judge, Tadepalligudem [for short "the trial Court‟].

2. The appellants herein are the plaintiffs and respondents herein are the defendants in O.S.No.138 of 1984.

3. The appellants/plaintiffs filed the suit for declaration that the plaintiffs are the rightful owners of the plaint "B‟ schedule property and to direct the defendants to vacate the plaint "D‟ schedule property and put the same in possession of the plaintiffs; to direct the defendants to pay the plaintiffs Rs.1,080/- as damages for use and occupation with interest thereon from the date of suit till payment; to direct the defendants to pay Rs.30/- per month together with interest from the date of suit till the date of delivery of possession of plaint "D‟ schedule property to the plaintiffs and for costs of the suit.

4. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

5. The brief averments of the plaint, in O.S.No.138 of 1984, are as under:

(i) One late Bandreddi Venkayamma purchased the house and the site described in plaint "A‟ schedule property with her own money, on 24.03.1945 under a registered sale deed from one Pasupuleti Lakshmanaswami. The said site and house is her Shridhana property and she was in possession and enjoyment of it in her own rights as the owner thereof. One Bandreddi Rathayya, who was serving as an employee in Taluk office at Tadepalligudem, was living with her in the same house and site along with late Venkayamma. The entire burden of supporting late Venkayamma and Thulasamma's children, in addition to supporting his wife and children, fell upon late Gangarao. Late Apparao, who was serving places other than Tadepalligudem, did not at all care to maintain either late Venkayamma or late Thulasamma's children. Seeing the great burden which late Gangarao was shouldering in maintaining her and Thulasamma's children, late Venkayamma was extremely pleased with late Gangarao and evinced much love and affection for him. Out of such love and affection, in consideration of late Gangarao promising to support her and Thulasamma's children, late Venkayamma, of her own free will, decided to settle a major portion of her plaint "A‟ schedule house and site on late Gangarao with absolute rights. As her elder daughter Satyavathi was more or less in indigent circumstances, she decided to settle the rest of the house and site on her with absolute rights.

(ii) In pursuance of her such decision, late Venkayamma executed a settlement deed on 24.10.1972 in favour of late Gangarao settling on him with absolute rights in the portion of the plaintA‟ schedule house and site, which is described in plaint "B‟ schedule property. She executed another settlement deed on the same date in favour of Satyavathi settling on her with her absolute rights in the rest of the plaint "A‟ schedule site, which is described in plaint "C‟ schedule property. She executed both the settlement deeds of her own volition and in a perfectly sound and disposing state of mind and got them duly registered in the Sub-Registrar‟s Office at Tadepalligudem. She delivered possession of plaint "B‟ schedule portion of the house and site to late Gangarao and plaint "C‟ schedule portion of the house and site to Satyavathi on the date of the settlement deeds and the deeds themselves respectively to them after they were received from the Sub-Registrar‟s office. She delivered her title deed to the property i.e., the sale deed, dated 24.03.1945, also to late Gangarao. Late Gagarao and Satyavathi accepted the settlements and the deeds and entered into possession of plaint "B‟ and "C‟ schedule properties respectively on the date of deeds. From that time onwards, they have been in possession and enjoyment of the properties as the owners thereof in their o