Requirements to constitute a valid gift satisfied.

JUDGMENT: This second appeal has been preferred against the judgment and decree, dated 22.10.1992, made in A.S.No.164 of 1992, on the file of the Additional Sub Court, Cuddalore.

2. The brief facts of the case are as follows:

The appellants are defendants in O.S.No.571 of 1984 on the file of the Additional District Munsif, Kallakurichi. The respondent/plaintiff Sowriammal filed a suit against the appellants and the gist of the plaint is that the suit property belongs to one Antony Ammal, w/o.Pitchai Sowri Gounder, that the appellants-defendants are children of Antony Ammal. The said Antony Ammal executed a gift deed in favour of the plaintiff, from then onwards the plaintiff is in possession and enjoyment of the property and is paying kist and taxes for the said property, that during the second week of September, 1984, the defendants attempted to grab the property and therefore the plaintiff filed the above suit for declaration and permanent injunction. After filing of the suit, the defendants forcibly evicted the plaintiff from the suit property and therefore the plaintiff filed an amended plaint for recovery of possession and mandatory injunction.

3. The defendants filed a written statement contending that the alleged gift/settlement deed dated 17.8.1981 is false and it is nothing but a fraud played upon the Antony Ammal, that Antony Ammal has got three sons and one daughter, while so, Antony Ammal has no necessity to execute a gift/settlement deed in favour of the plaintiff, that the plaintiff was never in possession of the suit property, that in April 1980, some dispute arose in the family of the defendants and therefore Antony Ammal executed a Muchalika on 18.4.1980 settling the property in favour of the defendants, that the Muchalika was accepted and enforced and therefore the suit filed by the plaintiff is liable to be dismissed.

4. On behalf of the plaintiff, the plaintiff and one Chinnamalai were examined as witnesses and on behalf of the defendants Soosai, the first defendant and Tmt.Antony Ammal who executed the gift deed were examined as witnesses. Both sides marked one document each. The trial Court framed six issues. After trial, the learned District Munsif came to the conclusion that the plaintiff is entitled for a declaration and mandatory injunction against the defendants and directed them to handover the property to the plaintiff. Aggrieved over the said judgment and decree the defendants filed A.S.No.164 of 1992 on the file of the Subordinate Court, Cuddalore. The learned Sub Judge dismissed the appeal confirming the findings of the trial Court. Aggrieved over the said judgment and decree, this second appeal has been preferred.

5. Before this Court, the learned counsel for the appellants would make the following contentions:

(i) The alleged gift deed dated 17.1.1981 has been obtained by fraud and the same was never acted upon and accepted by the plaintiff. Even before 17.1.1981, on 18.4.1980, the very same Antony Ammal who executed the alleged gift mentioned supra, has executed a Muchalika in the presence of village panchayatadars in favour of the defendants and the said Muchalika amounts to a settlement of her property in favour of her own children which was acted upon and therefore the judgment of the trial Court and first appellate Court are to be reversed.

6. As regards the first contention of the learned counsel for the appellants that the gift deed was executed by playing fraud upon Antony Ammal, mother of the defendants, the learned counsel would contend that Ex.A-1, gift Deed need not be executed by Antony Ammal in favour of her sister’s daughter while she has got three sons and a daughter, her own children and there is no necessity for execution of a settlement deed in favour of the sister’s daughter. In support of the said contention, the learned counsel submits that the said Antony Ammal herself has been examined as D.W.2 and she has herself stated that a fraud was played upon her and she was not aware o

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