SULEKHA DEVI @ SOBHANA Vs. AJITH KUMAR AND OTHERS

JUDGEMENT

(1.) The plaintiff in the suit is the appellant.

(2.) The suit property belonged to the second defendant, the father of the plaintiff. The first defendant is the brother of the plaintiff. The suit property was obtained by the second defendant as per the terms of a partition deed executed in the year 1953. The second defendant executed Ext.A1 gift deed in respect of the suit property in favour of the plaintiff on 13.4.1994. According to the plaintiff, she accepted Ext.A1 gift deed, took possession of the property pursuant to the same and has been enjoying the suit property and residing in the building therein. The case of the plaintiff is that later at the instance of the first defendant, the second defendant cancelled Ext.A1 gift deed as per Ext.B1 cancellation deed and executed Ext.B2 sale deed in respect of the same in favour of the first defendant. According to the plaintiff, Exts.B1 and B2 documents are void ab initio. She, therefore, claimed a decree declaring her title and possession over the suit property and for a decree of permanent prohibitory injunction restraining the defendants from trespassing into the same or committing waste therein.

(3.) The first defendant contested the suit by filing a written statement. According to the first defendant, though the second defendant had executed Ext.A1 gift deed in respect of the suit property in favour of the plaintiff, she has not accepted the same and as such, the gift has not taken effect. In support of the said contention, the first defendant has pleaded in the written statement filed by him that the plaintiff has neither taken possession of the suit property nor effected mutation in respect of the same pursuant to the gift. He has also pleaded that the plaintiff has never obtained the original of the gift deed. He has also pleaded that the plaintiff was not even aware of the execution of the gift deed by the second defendant in her favour in respect of the suit property. According to the first defendant, he obtained the suit property from the second defendant for valuable consideration as per Ext.B2 sale deed; that the suit property belongs to him absolutely and that the plaintiff is not entitled to the reliefs sought for in the suit.