A deed of settlement is irrevocable once it has been acted upon by the parties, particularly where the settler and beneficiary have jointly executed prior documents treating the property as transferred, thereby precluding its re-characterization as a will.

JUDGMENT

This appeal is filed by the defendants in in O.S.No.1251/2015 on the files of the I^st Additional Munsiff Court, Ernakulam aggrieved by the judgment and decree in A.S,No.163 of 2018 of the Additional District Court-V, Ernakulam. The dispute revolves around the interpretation of Ext.A1 deed. According to the respondent/plaintiff, Ext.A1 is the settlement deed whereas the first appellant, who is the executant of Ext.A1 deed, contends that it is a gift deed. The appellant has produced a copy of the disputed document as Annexure I. A reading of Annexure I document shows that out of love and affection, the first appellant settled the property in favour of his son. The dispute now raised is with regard to a clause in Annexure I document (Ext.A1) to the effect that the son would get absolute right only after the death of the first appellant. The instigation for filing the suit was that subsequently the appellant had executed the document Nos.3206/2014 and 3581/2014 cancelling the settlement deed. The respondent/plaintiff raised a specific plea that a portion of the plaint schedule property was sold on 10.02.2012. In the said deed, the first appellant as well as respondent/plaintiff were signatories.

2. The trial court found that since the first appellant had joined the plaintiff in disposing of a portion of the plaint schedule property, he had no objection to the plaintiff enjoying the remaining property. As such, on evidence, the finding entered by the trial court was that the settlement deed had come into effect, and therefore, it cannot be unilaterally cancelled by the settler. Accordingly, the suit was decreed. Aggrieved by the same, the appellants preferred A.S.No.163 of 2018. The appellate court, however, granted a partial relief and declared that the cancellation deed, insofar as the plaint schedule property is concerned, would not bind the plaintiff, and hence the present appeal.

3. Heard Sri.Alexander Joseph, learned counsel for the appellant and Sri P.A.Ayub Khan, the learned counsel for the respondent.

4. The learned counsel for the appellant asserted before this Court with vehemence that the interpretation of Ext.A1 document placed by the courts below is incorrect and further in view of the specific recitals in Ext.A1 that the property would devolve upon the plaintiff only after the death of the first appellant, the document can only be construed as a Will and not a settlement deed. If Ext.A1 is construed as a Will, necessarily, its cancellation also cannot be found fault with.

5. On an anxious consideration of the submissions, this Court is of the view that the interpretation placed by the courts below on Ext.A1 cannot be said to be wrong. The contention that Ext.A1 is only a Will cannot be accepted inasmuch as the first appellant had joined the plaintiff while executing Ext.A10. If Ext.A1 is to be construed as a Will, then there was no reason or occasion to include the plaintiff while executing Ext.A10 sale deed. The fact that the plaintiff was also a signatory to the deed shows that both parties intended to treat Ext.A1 as a settlement deed. There cannot be any doubt that the settlement deed had already come into effect in view of the execution of Ext.A10 sale deed in favour of the one of the brothers of the plaintiff. If that be so, this Court cannot accept the interpretation placed by the learned counsel for the appellant on the contents of Ext.A1.

6. It is also pertinent to note that the appellant has invoked the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, to cancel Ext.A1 and approached the appropriate court under the Act. If the appellant had invoked the jurisdiction under the Senior Citizens Act, it shows that he intended to treat the same as a settlement deed.

Resultantly, this Court is of the considered view