P.AMBUJAKSHY AMMA Vs. K.KRISHNA PILLAI

JUDGEMENT

(1.) The appellant is the first defendant in O.S.No.77 of 1984. The suit was for a declaration that the deed dated 30.10.1974 (Ext.A1) executed by the second defendant (K. Paruvathi Amma) in favour of the plaintiffs is legal and valid and has the effect of vesting the title in the property in the plaintiffs. The further relief prayed in the suit is for declaration that the revocation deed dated 25.10.1977 (Ext.A2) revoking the Ext.A1 deed and the gift deed dated 25.10.1977 (Ext. A3) executed by the second defendant (K.Paruvathi Amma) in favour of the first defendant (P.Ambujakshi Amma) is null and void.

(2.) The suit was dismissed by the learned trial Court. In first appeal by the plaintiffs the suit was decreed which decree has been affirmed by the High Court in Second Appeal. Hence this appeal by the defendant No.l.

(3.) The trial Court, on the pleadings of the parties, did not frame any issue as to whether the deed (Ext.A1) is a Will or a Gift. Proceeding on the basis that it was a settlement deed the trial Court held that the conditions subject to which the deed was executed had not been complied with by the plaintiffs and, therefore, the benefits there under could have been revoked by executing Ext.A2 document.