NADACHY UMAYAPARVATHY NADACHY Vs. SEETHALEKSHMI AMMAL

JUDGEMENT

(1.) THE 2nd defendant in O. S. No. 145 of 1122 of the district Court of Nagercoil is the appellant before us. THE suit which has been decreed by the trial court was for a declaration of title and recovery of property with mesne profits, past and future, from the defendants.

(2.) THE facts of the case in so far as they are necessary for a determination of the appeal are summarized as follows in the opening paragraph of the lower court judgment: "the suit property belonged to one Ananthasubbu asari. As he had no issues he adopted as his son one Palappan Asari, his sister's son. THE plaintiff is the widow of that Palappan Asari. On 13. 1. 1110 ananthasubbu Asari executed a settlement deed in favour of Palappan Asari in respect of the plaint schedule properties. As per the settlement deed the full proprietory rights over the properties vested in presenti in the donee, subject to a life interest in favour of the donor and after the donor's death in favour of his wife. THE donor's wife died in 1115, and Palappan Asari the donee died in 1118. On 21. 8. 1121 Anathasubbu Asari executed a sale deed in respect of both the plaint schedule properties in favour of the 1st defendant who in his turn executed another sale deed in favour of the 2nd defendant in respect of plaint item No. 1 on 9. 2. 1122. THE defendants are in possession of the properties under the above said sale deeds. THE plaintiff impeaches the above sale deeds as invalid and seeks to recover the properties with mesne profits as the rightful owner from the defendants".

(3.) AN early definition of the term "gift" is in the Mitakshara, Chap. 3: "gift consists in the relinquishment without consideration of one's own right in property and the creation of the right of another; and the creation of another man's right is completed on that other's acceptance of the gift, but not otherwise". and a comparatively recent one is in 24 American jurisprudence 738: "a transaction wherein the donor must have an intent to give, there must be a delivery of the thing given, to or for the donee, in pursuance of such intent, and on the part of the donee, acceptance".