RENIKUNTLA RAJAMMA (D) BY LRS. Vs. K. SARWANAMMA

JUDGEMENT

(1.) The question which arises for consideration in this petition relates to the construction of a Deed of Gift dated 10.9.1973 purported to have been executed by Renikuntla Rajamma(since deceased) in favour of the respondent herein. The donor did not hand over possession of the said property. She also expressly reserved unto herself the right to enjoy the same during her life time. The deed of gift was executed subject to the aforementioned conditions. On construction of a document, there appears to be some conflict in the judgments of this Court in and K. Balakrishnan Vs. K. Kamalam & Ors., 2004(1) R.C.R.(Civil) 513 : (2004)1 SCC 581. Both the decisions have been rendered by a Bench comprising of two Honourable Judges.

(2.) In K. Balakrishnan (supra) the earlier binding precedent in Naramdaben (supra) had not been noticed. We are, therefore, of the opinion that keeping in view the conflict in the said decisions as also for an authoritative pronouncements on the provisions of Sec. 122 and 123 of the Transfer of Property Act, the matter should be heard by a larger Bench.

(3.) It is directed accordingly.