PUTHIYAPURAYIL JANAKI Vs. PUTHIYAVEETTIL SMITHA

JUDGEMENT

(1.) This is a case wherein Mrs.Puthiyapurayil Janaki an aged lady who is none other than the mother of the respondent herein had allegedly gifted the plaint schedule property by a deed of gift No.1406/2012 of SRO Ulickal which has been devolved on her by virtue of a Will executed by Sri.Balan Achari, and registered at S.R.O, Ulickal as 117/2010 on 28.12.2010, in favour of the respondent, who is her eldest daughter. The Suit was filed by the lady as OS No.706/2012 before the Subordinate Judge's Court, Kannur (for short the 'trial court') seeking to declare gift deed No.1406/2012 of SRO Ulickal as voidable and to cancel the same. The Suit was dismissed by the trial court directing the parties to suffer their respective costs. The aggrieved lady has preferred the appeal on hand before this Court. Parties to this appeal will hereinafter be referred to as the plaintiff and defendant in accordance with their status before the trial court.

(2.) According to the lady, the Will referred to above makes it obligatory on her to arrange the funds for the marriage of her younger daughter Smt.Saritha by disposing off 10 cents of property out of the total extent bequeathed by her husband in her favour. The younger daughter being unmarried at the time of the death of her husband, finding no other resources to arrange the funds for the marriage, she accepted the offer of the defendant and her husband, to provide Rs.2,00,000/- and thus the marriage was solemnised successfully on 05.12.2012. Smt.Janaki had promised to repay the money given by the defendant by selling 10 cents of land from the total extent devolved on her, as per the Will. Efforts made by her to sell the property, turned futile exercises, as purchasers did not turn up to purchase it.

(3.) The defendant and her husband proposed Mrs.Janaki to execute a gift deed for 10 cents of land in defendant's favour. The proposal was acceptable to her and due to her old age and vision and hearing impairment associated with that she depended upon the defendant and her husband to get the gift deed in respect of 10 cents of property, executed. Thus, the defendant and her husband got the gift deed drafted by a scribe of their choice and got it executed. The contents of the gift deed were not made known to the lady and she was made to believe that the gift deed 1406/2012 covers only 10 cents of her property.