MICHAEL Vs. VICTOR

JUDGEMENT

(1.) How far the pristine doctrine "feeding the grant by estoppal" would apply to the facts of this case, is the question of law which arises in this appeal. Appellant herein was the second defendant in the suit. He is aggrieved by the decision of the learned single Judge who dismissed his first appeal.

(2.) The facts can be succinctly stated as follows: Appellant is one of the seven children of one Joseph and his wife Victoria. The suit property (situate at Fort Cochin) belonged to the said Joseph and his brother one Rev. Fr. Wilson (who was the first defendant in the suit) as they inherited it from their father. In the year 1969 the said Joseph and Rev. Fr. Wilson together executed a settlement deed (Ext. A1) as per which the suit property was gifted in favour of Victoria. But after Victoria's death in 1978 a deed of revocation was executed jointly by Joseph and his brother Rev. Fr. Wilson in the year 1979 (Ext. B4). Thereafter, Rev. Fr. Wilson alone transferred all his rights in the suit property (as per Ext. B5) in favour of Columbus (one of the sons of Joseph and Victoria - who is the third defendant in the suit). Almost a year later, the appellant (who was arrayed as the second defendant in the Trial Court)executed an instrument styling it as release deed (Ext. B7) as per. which all the rights of the appellant were transferred to Columbus.

(3.) It was in the above background that a suit for partition was filed by the plaintiff (who was another son of Joseph and Victoria). The position reached with the decision of the learned single Judge in the first appeal is the following: Ext. B4 revocation deed was held to be of no legal validity and hence the gift in favour of Victoria remained valid. So all the seven children of Victoria became jointly entitled to the suit property on the death of Victoria. The preliminary decree was, therefore, granted to the plaintiff declaring his 1/7th right in the suit property. However, learned single Judge observed that appellant's right of 1/7th share will be subject to Ext. B7 release deed.