OMANA Vs. KESAVAN

JUDGEMENT

(1.) The questions of law formulated in the second appeal on which learned counsel on both sides were heard read as follows:

(2.) Whether the suit had not abated as a whole when the petition to implead the legal heirs of the 1st plaintiff was dismissed

(3.) If Ext.A1 has taken effect as a gift, Kalyani has no right to execute Exts.A2 to A4. If it was not a gift Exts.A2 to A4 cannot be challenged. Both Courts have interpreted Ext. A1 as a gift deed. The first question to be considered is whether Ext.A1 is a gift deed or not. The document is styled as a gift deed. The relevant Clause in the document read as under: