- (1.) This appeal by special leave arises from the judgment of the Division Bench of the Gujarat High Court made in F.A. No. 421 of 1974 on 13-9-1979. The admitted facts are that one Motilal Gopalji was the owner of the properties hearing Revenue Survey No. 172/8 situated in Pratapnagar area of the city of Baroda. The property consists of 15 rooms of the chawl and an open land surrounding the same. The appellant is the sister of the first respondent. Motilal Gopalji had executed a gift deed. Ex. 111 dated 15-5-1965 in favour of the respondent. Thereafter, he had executed another deed, Ex. 198 dated 9-6-1965, cancelling the said gift. He executed a Will in favour of the appellant and another brother of the appellant on 17-5-1966. Motilal Gopalji died two days thereafter, i.e., 19-5-1966. Consequently, the respondent laid a suit in the Court of the Civil Judge, Senior Division in Baroda for declaration of his title to the properties and injunction restraining the appellant and her brother from collecting the rents. The trial Court decreed the suit. On appeal, it was confirmed. Thus, this appeal by special leave.
(2.) Shri R. P. Bhatt, learned Senior Counsel appearing for the appellant, contended that a reading of the recitals of the gift deed and the cancellation deed do clearly indicate the intention of the donor and the donee, namely, the gift was not complete. It was a conditional one. He reserved life interest in the property and had not handed over the possession of the property; nor had the donee accepted the gift, thereby, the gift was incomplete. The gift which was duly cancelled became inoperative during the lifetime of the donor. The donor had cancelled it within one month of the gift. Subsequently, he had executed a Will in favour of the appellant and her brother. Thereby, the Courts below were wrong in construing that the gift became operative and by operation of gift deed dated 15-5-1965 the donor Motilal Gopalji was devoid of power to cancel the gift deed. It is contended by Shri Dholakia, learned Senior Counsel for the respondents, that the view taken by the High Court is correct in law. It is stated that Motilal Gopalji had delivered symbolic possession to the respondent. What he preserved was only right to collect rent for his maintenance and thereafter he had no power to cancel it. The recitals in the cancellation deed are not material. Only the recitals in the gift deed have to be considered. On their own face value they do indicate that Motilal Gopalji had divested himself totally of the right, title and interest in the property, the subject-matter of the gift over. Consequently, he had no power to cancel the gift and the Will executed by Motilal Gopalji was inoperative. We find no force in the contention for the respondent.
(3.) It is now well-settled legal position that a document has to be read harmoniously as a whole giving effect to all the clauses contained in the document which manifest the intention of the persons who execute the document. The material part of the gift deed reads as under : "The said immovable property as described above with the ground floor and with the ways to pass and with the water disposal and with all other concerned rights, titles is gifted to you and the possession whereof is handed over to you under the following conditions to be observed by you and your heirs and legal representatives as long as the sun and the moon shine. Therefore, now I or my heirs or legal representatives have no right on the said property. You and your heirs and legal representatives have become the exclusive owners of the same. You and your heirs and legal representatives are entitled to enjoy, to transfer or to use the said property as you like under the conditions mentioned in this deed. Except myself, there is nobody's right, title, interest or share on the said property : I have not mortgaged the same by any document. Yet, however, if anybody comes forward to claim the right, I shall remove the same. The said property is gifted to you on such conditions that you are made owners by the gift deed of the said property on such conditions that there are 15 rooms on the said property at present. I am rightful to receive the rents and the mesne profit whatsoever accrued from the said rooms throughout my life. I am only entitled to receive the mesne profit of the said property till I live. Therefore, I, the executant, shall be entitled to let out the said buildings (rooms), to receive the rent amount to make all the other arrangement throughout my life. Similarly, the said property shall be in my possession till I live. Therefore, I have gifted this property to you by reserving permanently my rights to collect the mesne profit of the existing rooms throughout my life. And by this gift deed the limited ownership right will be conferred to you till I live. After my death you are entitled to transfer the said property. I shall not give in any way my right to anybody to collect the mesne profit. You may get transferred the said property in your name in support of this deed. This gift deed is executed to you under the aforesaid conditions.";