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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
Abraham, S/o. Chacko – Appellant
Versus
Ajitha Jayakumar, W/o. Jayakumar – Respondent
JUDGMENT :
Aggrieved by the decree and judgment dated 31.07.2004 in O.S.No.126/1995 on the files of Sub Court, Pathanamthitta, defendants 1, 2, 7 and 8 have filed this appeal arraying plaintiff and defendants 3, 5 and 6 as respondents. During pendency of this appeal, the 1st and 2nd appellants died and the legal representatives of the 1st appellant got arrayed as additional appellants 5 to 8 and the legal representatives of the 2nd appellant got arrayed as additional appellants 9 to 11.
2. Heard the learned counsel for the appellants as well as the learned counsel appearing for the 1st respondent in detail. Perused the verdict under challenge.
3. Parties in this appeal will be referred to as `plaintiff’ and `defendants’ hereafter for easy discussion.
4. Short facts: Plaintiff filed this suit for declaration of her title over plaint schedule property on the strength of settlement deed No.3390/1986, marked as Ext.A1. Recovery of possession was sought for on the allegation that while the plaintiff had been possessing and enjoying the plaint schedule property on the strength of Ext.A1 settlement deed, during the month of December, 1994 the defendants trespassed upon the property and took p
The validity of a settlement deed is upheld when properly executed, and bona fide purchasers must verify property encumbrances to maintain their status.
Settlement deeds must be credible; conflicting evidence regarding execution can lead to their invalidation, impacting property partition.
The legal effect of a cancellation deed executed to cancel a settlement deed and the interpretation of Ext.B1 as a gift deed.
In property disputes, the burden of proof initially lies with the claimant, but can shift to the defendant if the claimant establishes a strong probability of ownership.
(1) Right to appeal – Right to appeal under Section 100 or 109 of Code of Civil Procedure, 1908 and Article 133 of Constitution of India can basically be on same premise of existence of a substantial....
A registered gift deed cannot be revoked or cancelled unilaterally without the consent of the donee. Such unilateral cancellation deed does not bind the donee.
A registered gift deed cannot be unilaterally revoked; cancellation requires judicial intervention to be valid.
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