S.S.SATHEESACHANDRAN
Kuttian Padmini – Appellant
Versus
Nelliyullaparambath Mathu – Respondent
1. Appeal involves the short question whether Ext.A1 gift had been accepted by the donee, plaintiff in the suit.
2. Suit was instituted for a decree of injunction,but, later amended for declaration that Ext.A1 gift deed has been accepted by plaintiff, and it is valid and binding on the first defendant her mother.
3. Property covered by Ext.A1, with 8 ¾ cents land also, belonged to first defendant and her mother Kunkichi. On the death of Kunkichi entire property vested with the first defendant. She executed Ext.A1 gift deed excluding 8 ¾ cents in favour of plaintiff. Plaintiff is settled in Goa where her husband is carrying on business. She received a notice sent by the mother informing revocation of Ext.A1 gift deed under Ext.B2 deed. Suit was thereupon instituted for a decree of injunction to restrain the two defendants, her mother and brother, from committing waste in the property imputing that cancellation deed was created at the instance of the brother Subsequently plaint was amended to seek a declaration that Ext.A1 gift deed has been accepted by her, it has come into effect, and it is binding on first defendant. Both defendants, mother and son together, resisted the s
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