N.K.BALAKRISHNAN
Parameswaran – Appellant
Versus
Lekshmanan – Respondent
1. The substantial question of law involved in this Second Appeal is:
Whether the gift in favour of the Plaintiff was accepted and completed and if so, Whether the Revocation Deed executed by Kali is valid?
2. Ext.A2 is the gift deed/settlement deed dated 23.07.1990. It was admittedly executed by plaintiff’s mother Kali in favour of the plaintiff pertaining to the plaint schedule property admeasuring 6 cents with a residential house situated therein. Ext.A5 is the cancellation deed dated 10.04.1996 executed by Kali mentioned above, who at that time was aged 84 years. The plaintiff filed a suit to set aside Ext.A5. The trial court decreed the suit holding that Ext.A2 gift deed had taken effect and so Ext.A5 cancellation deed in invalid and inoperative.
3. The first defendant who is the brother of the plaintiff and the second defendant who is the nephew of the plaintiff challenged the judgment and decree of the trial court. The appellate court reversed the decree and judgment of the trial court and held that Ext.A5 cancellation deed is valid. Hence the suit was dismissed.
4. The construction of two documents Exts.A2 and A5 would to a great extent resolve the dispute. Since
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