MOHANAN Vs. K. PANKAJAKSHI AMMA

JUDGEMENT

(1.) THE substantial question of law framed in the appeal is:

(2.) THE second appeal arises from the judgment and decree of learned District Judge, Thiruvananthapuram in A.S.No.167 of 2009 confirming judgment and decree of learned Sub Judge, Nedumangad in O.S.No.59 of 2007 declaring title of respondent over the suit property, allowing her to recover possession of the same, declaring that Ext.A2, sale deed dated 26.04.2007 is void and, allowing the respondent to recover mesne profit from the appellant at the rate of Rs.12,000/ - per annum. Facts which are not in dispute are as under:

(3.) APPELLANT contended that the sale deed in his favour is valid since on the death of Bhuvanachandran, property devolved on his only legal heir, deceased 1st defendant and hence deceased 1st defendant was competent to execute Ext.A2, sale deed in his favour. It is also contended that Ext.A1, gift deed was executed by Bhuvanachandran in the name of Prathibha Kumari to facilitate availing a loan, that gift did not take effect nor was it intended to take effect and hence by virtue of Ext.A1, gift deed Prathibha Kumari did not acquire title. So, on her death the suit property would not devolve on respondent/plaintiff, her mother.