Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
B. Lakshmi – Appellant
Versus
B. Venkata Subbayyamma – Respondent
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 Bandred
A registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.
The legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
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 deed executed by a party without valid title is void; ownership must be established through a registered document as per the Transfer of Property Act.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
