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2013 Supreme(Ker) 232

N.K.BALAKRISHNAN
Balan – Appellant
Versus
Thanka – Respondent


Advocates Appeared:
For the Appellants:O. Ramachandran Nambiar, A. Anilkumar Menon, Geen T. Mathew, Advocates.
For the Respondents:S. Krishna Prasad, Advocate.

Judgment

1. The plaintiffs are the appellants. Their suit was for declaration and consequential injunction. It is alleged that the plaint schedule property originally belonged to the first defendant. Ext.A10 settlement deed was executed by the first defendant on 16-2-1966 as per which she voluntarily, out of her free will and volition, gifted the plaint schedule properties in favour of Appunni the father of the first plaintiff and husband of the second plaintiff. A life interest was reserved in favour of the first defendant to take the usufructs from the said property. Except to the extent of her right to take usufructs in the said property, she had divested the title and possession in favour of Appunni as per the gift deed. The gift deed was accepted and acted upon by the donee. Certain items of properties were sold to 3rd parties by deceased Appunni and the donor Thanka. One such sale deed was executed in favour the first plaintiff. The donee Appunni looked after the donor Thanka. When Appunni became paralysed and was disabled, the first plaintiff started looking after the first defendant. Appunni was in possession of the property and was paying land revenue in respect of the same






































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