LAKSHMI MOHAN Vs. NAVEEN SURENDRAN

JUDGEMENT

(1.) THE property of extent 3 cents 750 square metres in survey No. 299/1-10-17 of Thycad village with a building thereon (TC 15/1881) was attached before judgment on 21.06.2002. The attachment was made in O.S. No. 286/2002 on the file of the court of the Principal Subordinate Judge of Thiruvananthapuram which was a suit for realisation of money. The plaintiff contended that a sum of Rs. 1 lakh is due from the defendant under two cheques dated 15.05.2002 that were dishonoured.

(2.) BUT the property had been gifted by the defendant long before by settlement deed (document No. 2532/97/SRO, Chalai) dated 08.10.1997 in favour of his two minor children. Only a life estate had been reserved in favour of the defendant and his wife in the settlement deed so executed and no power of revocation was incorporated. It is trite law that very little evidence is required to show that a settlement/gift deed has been acted upon unless it is burdensome or onerous.

(3.) THE two minor children represented by their mother had earlier preferred a claim petition purporting to be under Order XXI Rule 58 (4) of the Code of Civil Procedure. The claim was preferred at a time when the property was under attachment before judgment. It is not clear as to whether the mother was appointed by the court as the guardian of the minors in such proceedings. The fact remains that the said application was later dismissed as withdrawn on 24.02.2003 without any adjudication whatsoever.