CHAKKANTAVIDE MAHAMOOD Vs. KAKKUNATH VARIKKAL AYSOMMA

JUDGEMENT

(1.) PLAINTIFF in O.S.No.128 of 1982 on the file of the Sub Court,Badagara,is the appellant.The suit is for a declaration that the gift deed executed by the plaintiff is not acted upon.

(2.) THE plaint schedule property belonged to plaintiff.He executed a gift deed in favour of his wife the defendant on 25th January 1980.According to the plaintiff though gift deed was executed it was not acted upon and it was only a sham transaction and invalid in law.He averted 'that the original document was with him but his wife stealthly removed it and took it to her residence.

(3.) THE Court below held that the gift deed is valid and that it was acted upon and in that view of the matter the suit was dismissed.