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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
VENUTHURUMALLI GOPALA KRISHNA RAO
V.g.k.yachendra – Appellant
Versus
State Of Andhra Pradesh – Respondent
JUDGMENT :
(V. 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 challenging the decree and judgment, dated 16.01.2003 in O.S.No.89 of 1994 passed by the Senior Civil Judge, Gudur [for short 'the trial Court'].
2. The appellant Nos.1 and 2 herein are the plaintiffs and respondent Nos.1 to 3 herein are the defendants in O.S.No.89 of 1994. It is to be noted here during the pendency of the appeal, the 1st appellant died and his legal representatives are brought on record as appellant Nos.3 and 4.
3. The appellants/plaintiffs filed the suit for cancellation of the gift deed, dated 04.10.1968 and for recovery of possession of the plaint schedule property and also remove the unauthorized encroachments therein.
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.89 of 1994, are as under: The suit schedule property was gifted in favour of the 2nd defendant/Panchayat for the purpose of constructing a bus stand. The gift is a conditional gift which by non-fulfillment of the conditions adumbrated therein stands cancelle
A conditional gift reverts to the donor or their legal representatives upon breach of specified conditions, and the suit for cancellation is governed by Article 66 of the Limitation Act, allowing 12 ....
Once a gift deed is accepted and acted upon, it cannot be unilaterally cancelled, and subsequent transactions based on such cancellation are not legally sustainable.
A registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.
The main legal point established in the judgment is that a valid gift deed passes a title in favor of the donees, and subsequent deeds or Wills may be invalid if not proven.
Unilateral cancellation of a registered gift deed is invalid without specific grounds for revocation under law, reaffirming 'possession follows title'.
The court established that an unconditional gift deed may be revoked if the intent behind the gift is not fulfilled, especially when fraud or misrepresentation is involved.
The court emphasized the importance of a proper cause of action and held that the question of when the plaintiff gained knowledge about the cancellation of the Gift Deed and execution of the Sale Dee....
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.
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