N.P. SASEENDRAN Vs. N.P. PONNAMMA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed against the final judgment and decree dtd. 10/6/2019 passed by the High Court of Kerala at Ernakulam(Hereinafter referred to as "the High Court") in R.S.A. No.1338 of 2004, whereby the High Court allowed the said Regular Second Appeal and set aside the concurrent findings of the Courts below, besides granting a decree in favour of the plaintiff / Respondent No.1 declaring her right, title and interest over the suit schedule property by virtue of Ext.Al settlement deed dtd. 26/6/1985. The High Court also declared that cancellation deed (Ext.A2) dtd. 19/10/1993 and sale deed (Ext.A3) dtd. 19/10/1993 both executed by Defendant No.1 would not bind the plaintiff as far as her right, title and interest over the suit schedule property is concerned.

(3.) The Respondent No.1 was the plaintiff (daughter) in O.S.No.27 of 1994 filed before the Sub Court, Cherthala(Hereinafter referred to as "the trial Court") and the appellant was Defendant No.2 (son) in the said suit. Alleging that the suit schedule property was gifted by her father, who was Defendant No.1 in the suit, vide registered deed dtd. 26/6/1985, the Respondent No.1 / plaintiff filed the said suit for declaration of right, title and interest over the suit schedule property and also for a declaration that the cancellation deed and sale deed dtd. 19/10/1993 executed by the Defendant No.1 / father in favour of the appellant / Defendant No.2 are null and void and for consequential injunction. During the pendency of the suit, the Defendant No.1 / father died on 6/1/1995 and his legal heirs viz., Respondent Nos.2 and 3 herein were impleaded as Defendant Nos.3 and 4 therein. The trial Court, after due contest by the parties, accepted the defence put forth by the appellant / Defendant No.2 that the deed executed in 1985 was only a Will and not a gift, and dismissed the suit by judgment dtd. 28/5/2001. Challenging the same, the Respondent No.1 / plaintiff preferred an appeal being A.S.No.109 of 2001 before the Additional District Court, Fast Track Court No.II, Alappuzha(Hereinafter referred to as "the First Appellate Court"). The First Appellate Court vide judgment dtd. 20/12/2003, affirmed the findings of the trial Court and dismissed the appeal suit. Aggrieved by the same, the Respondent No.1 / plaintiff preferred a Regular Second Appeal being R.S.A. No. 1338 of 2004 before the High Court. By judgment dtd. 10/6/2019, the High Court upset the concurrent findings of the Courts below and granted a declaratory decree in favour of the Respondent No.1 / plaintiff, by construing the document of 1985 as a gift deed. Aggrieved by the judgment passed by the High Court, the appellant / Defendant No.2 is before us with the present appeal.