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1978 Supreme(Ker) 110

T.KOCHU THOMMEN
PONNUSWAMY – Appellant
Versus
NAMBEESAN – Respondent


Judgment :-

1. The late Shri N Sundara Iyer was a distinguished Advocate of this Court. He was a man of learning as well as benevolence He was an ardent supporter of the Bhoodan Movement. In 1957 when Shri Vinoba Bhave came to Kerala, Shri Sundara Iyer made a gift of about 15 acres of land in Vadakkanchery. Little had he apparently realised then what complications were to arise later out of his philanthropy.

2. The gift was made to the plaintiff who is the 1st respondent in this second appeal filed by the 1st and 2nd defendants. The gift was not made to the plaintiff personally, but, as found by the courts below, in his official capacity as President of the Gram Daan Sarvodaya Co-operative Society ('the Society') and as Secretary of the Gandhi Asramam. It was an oral gift to start with; and the gift deed (Ext Al) was registered in 1963. The Society passed a resolution (Ext. A2 (a)) dated 24th April 1963, allowing the plaintiff, his wife and defendants 1 and 2 to cultivate the land covered by Ext. Al by means of pooling through a Co-operative Farming Society. This farming Society soon got into difficulties and was finally wound up. In the course of winding up, the liquidator who was


























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