N CHRISTUDAS Vs. N PONNUMUTHU NADAR

JUDGEMENT

(1.) The appellant is the plaintiff in O.S. No.447 of 1987 on the files of the Principal Munsiff's Court, Nedumangad. The aforesaid suit was filed, seeking cancellation of Ext.A1 Gift Deed, with respect to his half share and partition of the plaint schedule property.

(2.) According to the plaintiff, the plaint schedule property belonged to the plaintiff's grand- mother by name 'Ooli', who executed a settlement deed in the year 1120 M.E., in favour of the plaintiff, the 1st defendant and their brother 'Raghavan Nadar'. Subsequently, the said 'Raghavan Nadar' died and thereby, the plaintiff and the 1st defendant became the owners in possession of the plaint schedule property. Hence, the plaintiff demanded partition and separate possession of his half share. Then, the 1st defendant refused the said demand, contending that the plaintiff and the 1st defendant had already gifted the plaint schedule property to the 2nd defendant on 24.03.1950, by virtue of Ext.A1 Gift Deed. Further, the plaintiff contended that Ext.A1 Gift Deed is a fraudulent one, forging the signature of the plaintiff and thereby, Ext.A1 is not binding on him. Since the existence of Ext.A1 Gift Deed created a cloud, the appellant filed the aforesaid Suit with the aforesaid prayers.

(3.) The defendants in the written statement, denied the averment that Ext.A1 was fraudulently created forging the signature of the plaintiff. According to the defendants, after the death of 'Raghavan Nadar', the plaintiff and the 1st defendant were in joint possession of the plaint schedule property and while so, they gifted the property to the 2nd defendant, by Ext.A1 and thereby, the title and possession over the property, including the building therein was passed to the 2nd defendant and the 2nd defendant had effected mutation in her name and paid tax and has been enjoying the property, as full owner in possession. Subsequently, the 2nd defendant has given the properties to her children, as per settlement deed and now, they are in possession and enjoyment of the plaint schedule property, along with other properties. The plaintiff has executed Ext.B3 Cancellation Deed with an intent to cancel Ext.A1. But, Ext.A1 had already come into force by acceptance of the gift by the donee on the date of execution itself.