Dharmadhikari, J. - (1.) The only substantial question of law involved in this appeal is whether the appellant, who was minor on the date of execution of the gift deed dated 24-9-1945, can be held to have legally accepted the property in suit gifted to him and the said gift deed was irrevocable.
(2.) The appellant shall hereinafter be described as the donee and his deceased-mother as the donor. The relevant dates and facts leading to this appeal preferred against the impugned judgment dated 6-8-1999 of the High Court of Kerala, passed in Second Appeal No. 671 of 1992 are thus :-
(3.) On 24-9-1945, mother Devyani-donor executed a registered gift deed of 1/8th share of the property inherited by her from her maternal grandfather in favour of her minor son aged 16 years being the present appellant (donee) and her daughter Kamalam (respondent No. 1 herein) who was aged four years. The 1/8th share of the property gifted is described in the schedule of gift deed i.e. one acre and 25 cents of property in Survey Nos. 7481 and 7482 with school building in Mayyanand Cherry in the State of Kerala. Under the terms of the gift deed ownership of the property, half and half, to each of the two donees was transferred but the donor retained during her lifetime the management of the school and the income from the property. The original gift deed is in Malayalam and rendered into English, it reads thus :- Gift executed on 8th Kanni 1121 (24-9-1945) Mother Devayani aged 43, Eznava daughter of Narayanan residing at Kamolayan from CL Mandiram, Eravipuram Pakuthy, Mayyanad Cherry in favour of her children (1) Balakrishnan aged 16 son of Kunju Pillai and (2) Kamalam aged 4 residing at Kamalalayam, Mayyanad Cherry. You are my children. In consideration of my love and affection towards you, the under mentioned properties are given to you by way of gift. Accordingly from today you shall enjoy the paddy fields which are obtained by mortgage by being in possession and payment of tax and you can recover mortgage money by filing suit or by receiving it directly after executing a release. You shall also transfer in your name according to law the right in respect of the property in which Mayyanad English School stands as also the buildings and other movables therein and enjoy the same with all rights forever. The responsibility to sign in regard to the above school and to receive the income will be with me during my lifetime and after my death the above responsibilities will vest in the first named donee. Schedule (other items omitted) 1/8th share in 1 acre 80 cents in property by Sy. No. 7481 and 7482 of the Mayyanad Cherry in which the English School is situated, the entire school buildings and the entire movables in the above." ;