IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO
PURUSHOTTAM S. MAHINDRAKAR – Appellant
Versus
SAINATH MAHINDRAKAR – Respondent
Key Points: - The gift, once validly executed and accepted, cannot be unilaterally cancelled; unilateral cancellation is void. (!) (!) (!) - Section 126 TP Act permits revocation or suspension only under specific conditions; otherwise gifts are generally irrevocable. (!) (!) (!) (!) - The Trial Court’s failure to order an inquiry under Order 20 Rule 12 for mesne profits was an error; cross objections allowed to grant mesne profits after decree. (!) (!) (!) - The respondent-plaintiff was declared owner of the ground floor and the appellant-directed possession; cancellation deeds Ex.A5 and Ex.A6 were found void for lack of proper bilateral action. (!) (!) (!) - Existence and effect of Gift Settlement Deed (Ex.A4) and its non-revocable nature under law; revocation required proper consent or bilateral agreement, not unilateral action. (!) (!) (!) - The donor’s age and capacity and the status of the mother (Radha Bai) were discussed in assessing validity and non-joinder issues. (!) (!) - The High Court dismissed the main appeal but allowed cross objections regarding mesne profits, directing an inquiry under Order 20 Rule 12. (!) - The appellate court cited several Supreme Court and High Court decisions clarifying the irrevocability of gifts and proper procedure for cancellation. (!) (!) (!) (!)
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CCCA.NO.407 OF 2018 AND CROSS OBJECTIONS NO.10 OF 2019 Dated: 7th APRIL, 2026 BETWEEN :
CCCA No.407 of 2018:
Purushottam S. Mahindrakar … Appellant/Defendant AND Sainath Mahindrakar, S/o.Late Sakharam Mahindrakar, Aged 63 years, Occ: Business, R/o.2nd Floor, Premises B.No.5-4-477 & 5-4-482, Kattalmandi, Nampally Station Road, Hyderabad – 500 001. …Respondent/Plaintiff CROSS OBJECTIONS No.10 of 2019:
Sainath Mahendrakar … Appellant/Plaintiff AND Mr.Purushottam S.Mahendrakar, S/o.Late Sri Sakharam Mahendrakar, Hindu, aged about 73 years, Occ:Business, R/o. Ground Floor premises bearing M.No.5-4-477 &
5-4-482, situated at Kattalmandi, Nampally Station Road, Hyderabad – 500 001.
…Respondent/Defendant
COMMON JUDGMENT
CCCA No.407 of 2018:
1.1. This Memorandum of Appeal is filed under Section 96 of the Civil Procedure Code, 1908 (for short 'CPC') assailing the judgment and decree in OS No.445 of 2009, dated 14.09.2018 passed by the learned XXV Additional Chief Judge, City Civil Court at Hyderabad, where under respondent-plaintiff was declared as owner of the ground floor and the appellant-defendant
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