The main legal point established in the judgment is the interpretation and application of S.68 of the Evidence Act to determine the admissibility and validity of a gift deed, emphasizing the specific denial of execution and the impact of vitiating circumstances.

Headnote:
Gift Deed - Validity - S.68 of the Evidence Act - S.123 of the Transfer of Property Act - [S.68 of the Evidence Act] - The court discussed the validity of a gift deed and its execution, considering the requirements of S.68 of the Evidence Act and S.123 of the Transfer of Property Act. The court examined the specific denial of execution, the necessity of attesting witnesses, and the impact of vitiating circumstances on the validity of the gift deed. Key legal provisions such as S.68 of the Evidence Act were interpreted to determine the admissibility and validity of the gift deed, influencing the court's decision to uphold the validity of the gift deed.
Fact of the Case:

The case involved a dispute over a gift deed executed by Anandan Nambiar in favor of Lakshmi Amma, contested by defendants 7 to 12 claiming 1/4th share in the property. The trial court held the gift to be genuine, leading to the appeal.
Finding of the Court:

The court analyzed the requirements of S.68 of the Evidence Act and the specific denial of execution, ultimately concluding that the gift deed was valid and genuine, dismissing the appeal.
Issues: The key issues included the validity of the gift deed, the necessity of attesting witnesses, and the impact of vitiating circumstances on the execution of the gift deed.
Ratio Decidendi: The court emphasized the specific denial of execution, the requirements of S.68 of the Evidence Act, and the absence of vitiating causes to determine the validity of the gift deed.
Final Decision: The appeal was dismissed, and the validity of the gift deed was upheld, with the court finding no merit in the appeal.

Judgment :-

1. This is an appeal against the judgment in O. S. No. 11 of 1977 on the file of the Subordinate Judge's Court, Tellicherry. The suit O. S. No. 11 of 1977 was for partition.

2. Plaintiff is the daughter of one Lakshmi Amma. Lakshmi Amma had three brothers. Kunhappa alias Anandan Nambiar and defendants 1 and 2. Defendants 7 to 12 are the children of Kunhappa Nambiar Defendants 7 to 12 claim 1/4th share in the property scheduled in the plaint. They claim the property as the legal representatives of Kunhappa Nambiar. This claim is resisted by the plaintiff on the strength of a gift deed evidenced by Ext. Al. Ext. Al gift deed is dated 7-8-1956. This gift deed is in favour of Lakshmi Amma by Kunhappa Nambiar in respect of his share in the properties scheduled in the plaint. Plaintiff contended that defendants 7 to 12 had no right to get share in the properties scheduled. Defendants 7 to 12 in turn raised the contention that the gift deed is not valid and genuine.

3. The only point that survives for consideration in this appeal is the question of validity of the gift deed Ext. Al.

4. Now the details of the contention raised by defendants 7 to 12 in their written statement in regard to the gift deed. It is contended that the gift deed executed by their father is not 'true' and valid and not binding on them. There was no necessity for their father to execute such a gift deed. Their father had been admitted in the nursing home of Dr. A. G. Nambiar at Cannanore. He was not in a sound state of mind and the husband of Lakshmi Amma used to visit him at the nursing home occasionally and if at all any gift deed had been executed it would have been done on the misrepresentation and undue influence exerted by Lakshmi Amma's husband. Finally they urged that at any rate to their knowledge their father had not executed a gift deed exercising his free will and volition.

5. The trial court, after considering the evidence both oral and documentary, held that the gift is genuine and by the gift, the plaintiff's mother obtained all the rights of Kunhappa Nambiar in the scheduled property.

6. The learned counsel for the appellants raised two points and argued the points very ably. He contended that the gift has not been proved in accordance with the provisions of the Evidence Act relating to proof of documents which required attestation. The other contention raised is that the gift cannot be given effect to since it has been executed under vitiating circumstances and that it is void Elaborating his argument on point No. 1, the learned counsel referred to us S.123 of the Transfer of Property Act and S.68 of the Indian Evidence Act. He cited the following decisions for our consideration. Zaharul Hussain v. Mahadeo Ramji (AIR. 1949 Nag. 149), Lal Mohan v. Ramanath Shaha (AIR 1954 Tripura 17) and Kalicharan v. Suraj Bali (AIR. 1941 Oudh 89).

7. S.68 of the Evidence Act reads thus:

"68. Proof of execution of document required by law to be attested. If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for the purpose of proving its execution, if there be as attesting witness alive, and subject to the process of the Court and capable of giving evidence:

Provided that it shall not be necessary to call an attesting witness in proof of the execution of any document, not being a will, which has been registered in accordance with the provisions of the Indian Registration Act, 1908 (16 of 1908), unless its execution by the person by whom it purports to have been executed is specifically denied."

The learned counsel points out, relying on the section that the document Ext. Al shall not be used as evidence until one attesting witness at least has been called for, for the purpose of proving its execution. He submits that no attesting witness has been examined in this case and as such the gift deed should not be taken into consideration for fixing the share of defendants 7 to 12.

8. T

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