RAMAVILASOM GRANDHASALA Vs. N S S KARAYOGAM

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record.

(2.) This appeal has been filed against the impugned judgment of the Kerala High Court dated 1st October, 2001 in Second Appeal No. 1155 of 1989D. The Respondent in this appeal filed a suit alleging himself to be the owner of the property in dispute. It is not disputed that the original owner of the property was one Velayudhan Pillai Sivarama Pillai. He executed a gift deed in favour of Yuva Samithi on 19-8-1114 Malayalam Era, 1939 A.D. There was a provision in the gift deed (Exhibit A-1) to the effect that if effect that if Yuva Samithi becomes defunct the title and possession of the property covered by the gift deed would revert to the owner.

(3.) The Trial Court and First Appellate Court held that the Yuva Samithi had not become defunct. The clear finding of fact of the First Appellate Court in its judgment dated 28th July, 1988, was that there was no evidence to show that the Yuva Samithi had become defunct and it was still functioning in a different name i.e. United Sports Club which was attached to Ramavilasom Grandhasala. This is a finding of fact and could not have ordinarily been interfered with in Second Appeal by the High Court.