A gift deed is valid upon acceptance by the donee, and cannot be unilaterally cancelled by the donor without the donee's consent.

1. The appellants are defendants 3, 4, 6, and 8 in O.S No. 737/2003 of the First Additional Munsiff Court Neyyattinkara. The 1st respondent was the plaintiff, the 2nd respondent was the 1st defendant, the 3rd respondent was the 2nd defendant, the 10th respondent was the 5th defendant and the 11th respondent was the 7 th defendant. During the pendency of A.S 59/2007 before the First Appellate Court, the plaintiff and the 1st defendant died and the respondents 5 to 9 herein and the 4th respondent herein respectively were impleaded as his legal heirs. During the pendency of this appeal, the 3rd respondent herein/the 2nd defendant died and the 2nd appellant is recorded as the legal heir of the 3rd respondent as per memo dt 18.10.2019.

2. The parties are referred according to their status before the trial Court.

3. The plaintiff/Simon who was the son of one Joosadima filed the suit for recovery of possession of Plaint B schedule property having an extent of about 9 cents of land which is the western part of Plaint A Schedule property having an extent of 19.250 cents of land which is marked as Plot ‘RSTUIJ’ in C1 (a) Plan appended to the Decree in O.S No. 78/1993 of the Second Additional Munsiff Court, Neyyattinkara, after removing the defendants from the Plaint B Schedule Property and the building therein and for a permanent prohibitory injunction restraining the defendants from entering into Plaint A Schedule Property.

4. The suit was filed with the averments that the Plaint Scheduled Properties originally belonged to Joosadima, father of the plaintiff and the 1st defendant; that as per Ext.A1 Settlement Deed dt 15.03.1975 Joosadima gifted Plaint A Schedule property to the plaintiff; that plaintiff accepted the Settlement Deed; that on the basis of the Settlement Deed, the plaintiff is in possession and enjoyment of the Plaint Schedule Property; that the building therein was constructed by the plaintiff; that the plaintiff filed O.S 78/1993 before the Munsiff’s Court Neyyattinkara seeking declaration of title, possession and for putting up boundaries of the property derived by him as per A schedule in Ext. A1 settlement deed subject to the life interest in favour of his mother reserved as per Ext.A1; that the said suit was decreed in favour of the plaintiff; that the mother of the plaintiff died after the decree; that the boundary was put up in execution of the Decree in O.S 78/1993; that the plaintiff was in possession and enjoyment of the plaint schedule property; that the 1st defendant allowed the other defendants to trespass into Plaint B Schedule Property; that the defendants 2 to 8 started residing in Plaint B schedule Property from 27.12.2001; that the plaintiff is permanently residing in Malappuram and therefore he could not prevent the trespass of the defendants and that the plaintiff is entitled to get recover its possession and injunction sought for.

5. The 4th defendant filed a Written Statement for herself and another Written Statement as Power of Attorney Holder of the 3rd defendant and guardian of defendant Nos. 7 and 8 contending that 84 ½ cents of property originally belonged to Joosadima; that he executed Ext.A1 Settlement Deed reserving life interest in favour of him and his wife over the property; that Party No.4 Andrews, Party No.5 Joseph and Party No.6 Francis had not signed Ext.A1; that they have not accepted Ext.A1; that the property was not demarcated as per Ext.A1; that the parties to Ext.A1 had not affected mutation and paid tax; that Ext.A1 had not come into effect; that the plaintiff obstructed Joosadima from taking income from the property scheduled in Ext.A1; that therefore Joosadima with the knowledge of his wife and children cancelled Ext.A1 by executing Ext. B1 Cancellation Deed dt 01.03.1978; that since the plaintiff and Joseph were not in station they did not sign Ext.B1; that by his subsequent conduct the plaintiff acknowledged Ext.B1; that after Ext.B1 Joosadima sold 10 cents of land to t