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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
P.Vadamalai
Periya Samy – Appellant
Versus
Vijaya Kumar (Died) – Respondent
JUDGMENT :
P.Vadamalai, J.
This Second Appeal is preferred against the judgment and decree, dated 24.08.2016 passed in A.S.No.68 of 2015 on the file of the Principal District Court, Dindigul, confirming the judgment and decree, dated 30.10.2015 passed in O.S.No.97 of 2013 on the file of the Sub Court, Vedasandur.
2. The appellants are defendants 3 and 4 and the respondents 1 to 3 are the plaintiff and defendants 1 & 2 in O.S.No.97 of 2013 on the file of the st Sub Court, Vedasandur. The 1 respondent/plaintiff filed the suit for specific st performance directing the 1 defendant to execute sale deed after receiving the balance sale consideration of Rs.55,000/- in respect of the suit property.
3. For the sake of convenience, the parties referred as plaintiff and defendants as arrayed in O.S.No.97 of 2013 on the file of the Sub Court, Vedasandur.
4. Case of the plaintiff:
The suit property originally belonged to the first defendant’s mother Marudayammal. Marudayammal purchased the suit property from Ellammal and another by virtue of a registered sale deed, dated 09.04.1999. Then, Marudayammal gifted the suit property to the first defendant by executing unconditional gift settlement deed, dat
Unilateral cancellation of a registered gift deed is invalid; admissibility of a party's own acknowledgment supports specific performance claims.
Unilateral cancellation of a registered gift deed is invalid; valid title is essential for specific performance, and admissions of readiness by parties fulfill evidentiary requirements for relief.
A registered unconditional gift settlement deed cannot be unilaterally revoked, and specific performance can be granted if the plaintiff proves readiness and willingness to perform the contract.
A decree for specific performance of a contract is binding on subsequent purchasers, and they are not required to be brought on record as parties to the suit.
The revocation of a settlement deed must be justified under the legal provisions, and the court will consider evidence and legal principles to determine the validity of such revocation.
A settlement deed requires acceptance by the donee to be valid, and unilateral revocation is not permissible if the deed has been acted upon. Additionally, rights conferred by a compromise deed can l....
The cancellation of a gift settlement deed is invalid if the donor reserves no right to revoke it, and the burden of proving absence of undue influence lies on the beneficiary.
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