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1998 Supreme(Ker) 463

VARGHESE KALLIATH
Kakkacherra – Appellant
Versus
Chiyyayi – Respondent


Judgment :-

1. This is an appeal by the plaintiffs. Plaintiffs are the brothers of defendants 1 and 2. They executed a gift deed along with another deceased Kannan in favour of defendants 1 and 2. Alleging that the gift deed has been executed under fraud and coercion, the plaintiffs approached the court for a declaration that the gift deed is invalid. The trial court found that there was no fraud and coercion, but held that the gift was not accepted by the donees and so, dismissed the suit. The defendants filed an appeal. The appellate court did not agree with the trial court. The appellate court found that the gift has been accepted and it was executed validly and the rights of the donees are secured by the gift deed. The suit was dismissed. Now the plaintiffs appeal.

2. At the time of admission of this second appeal, this court formulated the following question of law:

"Whether there is a presumption in law of acceptance of gift is the question of law arising in this second appeal."

Though the question is formulated as a question based on presumption, in fact that is not very material on the facts proved in the case. It is a gift which is not onerous. Moreover, there is a finding by








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