PICHA GANGADHARAN Vs. PACHI KAMALAKSHY

JUDGEMENT

(1.) O .S.273 of 1978 was filed by the appellant in S.A.582 of 1987 for declaration of title and possession over the plaint schedule properties and also for injunction on the allegation that though he executed a gift deed in favour of the 5th defendant and his brother Sreedharan on 13 -6 -1960 it was intended only as a benami transaction and has not come into effect.First defendant is the wife of Sreedharan and defendants 2 to 4 are his children.5th defendant is the sister of the appellant.Appellant revoked Ext.A1 gift deed by a cancellation deed dated 3 -11 -1978.Contention of the plaintiff was negatived by the Trial Court and the lower appellate Court and the Courts held that he is not entitled to get any declaration and injunction sought in the suit.

(2.) O .S.34 of 1979 was filed by the legal heirs of Sreedharan,brother of the appellant for partition to get their one half right in the properties.That suit was decreed by the Trial Court and it has been confirmed by the lower appellate Court.

(3.) The position of the parties as they stood in O.S.273 of 1978 is followed in the discussion hereunder.Plaintiff mainly contended that though he executed Ext.A1 gift deed in favour of his brother Sreedharan and sister Janaki Gouri(5th defendant)the same was not accepted by the donees and as the gift deed was not acted upon he continued to be in possession of the properties and that the defendants do not have any manner of right in it.Plaintiff further contended that he executed the gift deed only to save the properties from his deserted wife who was bent upon instituting some suits against him.5th defendant filed written statement supporting the plaintiff.As against the contention of the plaintiff,defendants 1 to 4 maintained that their predecessor Sreedharan and 5th defendant obtained possession of the properties and on Sreedharan's death on 10 -2 -1978 they as his legal heirs obtained right in the properties and that the 5th defendant has colluded with the plaintiff to defeat their rights