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2026 Supreme(Online)(Mad) 44457

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
Mohan Halasyam – Appellant
Versus
K. Hemamalini – Respondent
S.A.No.805 of 2017 | S.A.No.806 of 2017 | S.A.No.807 of 2017

Advocates:
For Appellant(s) : Mr.A.L.Ganthimathi
(in all S.As) Senior Counsel
for Mr.L.Palanimuthu
For Respondents: Dr.C.Ravichandran
(in all S.As) for Mr.S.D.Venkateswaran

A party relying on a gift deed must prove its valid execution beyond suspicious circumstances. Without such proof, the deed cannot be used to disturb existing possession, especially when the party fails to seek a declaration of title.

Headnote:(A) Transfer of Property Act, 1882 - Gift Deed - Execution and Proof - Burden of proof lies on the donee to prove valid execution of gift deed, especially when suspicious circumstances exist - Oral evidence cannot override documentary evidence unless execution is proven. (Paras 14, 18, 23)

(B) Civil Procedure Code, 1908 - Suit for Injunction - Possession - Courts can decide possession without deciding title unless declaration is sought - A party claiming title must seek declaration. (Paras 21, 25)

Facts of the case:
The property originally belonged to C.S. Lalitha, a spinster who died on 26.06.2010. The plaintiffs/respondents claimed a will dated 15.07.2005 bequeathing the first floor to them, while the defendants/appellants claimed a gift deed dated 02.06.2010 executed by Lalitha in their favor. The plaintiffs alleged the gift deed was obtained fraudulently while Lalitha was unconscious. The trial court decreed the plaintiffs' suit for permanent injunction and dismissed the defendants' suits for mandatory injunction and recovery of money. The First Appellate Court confirmed this. Appeals to the High Court followed.

Issues: The main issues were whether the plaintiffs ought to have sought a declaration of title, whether oral evidence could override documentary evidence, and whether the courts below failed to consider admissions from the respondents' witnesses.

Findings of Court:
The Courts below correctly held that the defendants failed to prove execution of the gift deed. The evidence showed suspicious circumstances. The defendants had the burden to prove the gift deed but did not discharge it. The plaintiffs were in possession, which was admitted by the defendants, and the courts can decide possession without deciding title.

Ratio Decidendi: The party relying on a document must prove its valid execution. When suspicious circumstances exist, the burden is on the beneficiary to dispel them. In a suit for injunction, possession can be decided without declaration of title if the party fails to prove their claim. Result : Appeals dismissed.

Table of Content
1. facts and procedural history of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. appellants argue gift deed validly executed and respondents' possession is illegal. (Para 11)
3. respondents argue gift deed obtained fraudulently while testatrix unconscious. (Para 12)
4. substantial questions of law formulated regarding declaration of title and evidence. (Para 13)
5. court analyzes evidence and finds gift deed not proved; suspicious circumstances not dispelled. (Para 14 , 15 , 16 , 17 , 18 , 23 , 24 , 25 , 26 , 27)
6. plaintiffs' possession admitted; courts can decide possession without deciding title. (Para 19 , 20 , 21 , 22)
7. appeals dismissed as no merits found. (Para 28)

COMMON JUDGMENT

1.These appeals have been preferred as against the common judgment and decrees passed in A.S.Nos.187 to 189 of 2016 on the file of the XIX Additional City Civil Court, Chennai, dated 28.03.2017.

2. Originally, the respondents in S.A.No.805 of 2017 have filed a suit in O.S.No.7349 of 2010 as against the appellants in S.A.No.805 of 2017 for the relief of permanent injunction. Thereafter, the appellants in S.A.No.806 of 2017 have filed suit in O.S.No.12403 of 2010 as against the respondents in S.A.No.806 of 2017 for the relief of mandatory injunction. Further, the appellant in S.A.No.807 of 2017 has filed a suit in O.S.No.2137 of 2013 as against the respondents in the appeal in S.A.No.807 of 2017 for the relief of recovery of money for the water and electricity charges.

3. All the suits were tried jointly and common evidence was recorded in O.S.No.7349 of 2010 and the parties were referred in the judgment of the trial court as arrayed in O.S.No.7349 of 2010. Thereafter, common judgement was passed by the trial court by decreeing the suit in O.S.No.7349 of 2010 and dismissing the suits in O.S.Nos.12403 of 2010 and 2137 of 2013. Aggrieved by the said common judgment and decrees, the defendants in O.S. No.7349 of 2010 have preferred an appeal in A.S. No. 187 of 2016 and the plaintiffs in O.S. No. 12403 of 2010 have preferred appeal in A.S. No. 188 of 2016 and the plaintiff in O.S. No. 2137 of 2013 has preferred appeal in A.S. No. 189 of 2016 on the file of the XIX Additional City Civil Court, Chennai. The First Appellate Court also dismissed the appeals by confirming the common judgment and decrees passed by the Trial Court. Aggrieved by the said common judgment and decrees, these second appeals have been preferred.

4. Short facts necessary to dispose of these appeals are as follows:

4.1. The respondents in S.A. No. 805 of 2017 filed a suit in O.S. No.7349 of 2010 seeking the relief of permanent injunction, restraining the defendants therein from interfering with the plaintiffs' possession and enjoyment of the property, and from encumbering or making any additional alterations or construction in the suit properties.

4.1.1 The case of the plaintiffs is that the suit properties originally belonged to one C.S. Lalitha, the aunt of the first plaintiff and she was residing on the ground floor and was looked after by the plaintiffs, who are residing on the first floor of the building. The said C.S. Lalitha remained a spinster, and she died on 26.06.2010. The first plaintiff is the grand daughter of one B.Venkataraman, who is the maternal uncle of C.S. Lalitha. The first defendant is the son of one Halasyam and the grandson of the paternal uncle of C.S. Lalitha, one C.Venkataraman. The third defendant is the daughter of one Panchapakesa Iyer, who was also very close to C.S. Lalitha, and she was residing on the ground floor of the suit property along with C.S. Lalitha and rendering all help to her.

4.1.2. While so, the said C.S. Lalitha, on 15.07.2005, executed a Will and handed it over to the first plaintiff. Under the said Will, C.S. Lalitha bequeathed the entire first floor in favour of the first plaintiff and permitted her to enjoy the portion or let it out and enjoy the rents, without the power of alienation, including mortgage, till

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2026 Supreme(Online)(Mad) 44457

IN THE HIGH COURT OF JUDICATURE AT MADRASP.DHANABAL, JMohan Halasyam – AppellantVersusK. Hemamalini – RespondentS.A.No.805 of 2017 | S.A.No.806 of 2017 | S.A.No.807 of 2017

A party relying on a gift deed must prove its valid execution beyond suspicious circumstances. Without such proof, the deed cannot be used to disturb existing possession, especially when the party fails to seek a declaration of title.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL, J
Mohan Halasyam – Appellant
Versus
K. Hemamalini – Respondent
S.A.No.805 of 2017 | S.A.No.806 of 2017 | S.A.No.807 of 2017