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2017 Supreme(Ker) 84

P.R.RAMACHANDRA MENON, A.HARIPRASAD
KANHIRAKOTTIL MANI – Appellant
Versus
MADHAVI (DIED) WIDOW OF ARUMUGHAN, CHAYAMPURATH HOUSE – Respondent


Advocates Appeared:
For the Appellant : ADVS. SRI. P.G. RAJAGOPALAN, SRI. K.P. BALASUBRAMANYAN
For the Respondent: ADV. SRI. AVM. SALAHUDEEN, ADVS. SRI. T. SETHUMADHAVAN, SRI. K. MOHANAKANNAN

JUDGMENT :

Hariprasad, J.

The substantial questions of law raised in this appeal are the following:

"(i) Whether the learned Single Judge is right in holding that Ext.A1 document of gift has not come into effect;

(ii) Whether the learned Single Judge is right in holding that Ext.A1 gift was not accepted by the donees;

(iii) Whether the view of the learned Single Judge on the nature and effect of the gift is in consonance with the principles of Hindu Law of gift and the provisions in Section 123 of the Transfer of Property Act;

(iv) Whether delivery of the gift deed to one of the donees, who is the guardian of other donees, and the recitals in the gift deed as also the evidence in the case, do not prove that the gift had taken effect."

2. Original appellant was the 2nd plaintiff in O.S.No.18 of 1981 before the Sub Court, Kozhikode. The suit is one for partition of the plaint schedule property. Sole appellant died pending this appeal and therefore, the appellants 2 to 8 are impleaded as the legal representatives.

3. The suit was filed by two female children of deceased Kuttikkattil Imbichikandan and deceased Mundichi. They had another daughter by name Unniperi. She died long before the suit.






































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