VANNATHI VALAPPIL JANAKI Vs. PUTHIYA PURAYIL PARU

JUDGEMENT

(1.) This is an appeal by defendants 2 to 7, 11 and 12. The plaintiffs filed a suit for partition and recovery of plaintiffs 2/4 share in the plaint schedule properties.

(2.) The plaint schedule properties originally belonged to three persons by name Koran, Kunhiraman and Manikkam. The properties were acquired by the above said three persons under Ext. B-1. It is dt. 19-4-1943. The plaintiffs claim that the properties were gifted to four persons by the original owners under Ext. B-2, which is same as Ext. A-1. This gift deed is dt. 15-1-1946. The plaintiffs claim title to and right of partition of the properties as per Ext. A-l. The contesting defendants submit that Ext. A-1 gift was cancelled by the donors. The cancellation is evidenced by document Ext. B-3. It is same as Ext. A-5. This document is dt. 8-8-1960. Further they submit that they are in possession of the properties with absolute title to the properties by virtue of three assignment deeds Ext. A-6, A-7, and B-4. All these documents are also on the same date, viz. 8-8-1960. The contesting defendants also relied on three purchase certificates they have obtained subsequent to the institution of the suit, Exts. B-16, B-17 and B-24.

(3.) The Trial Court recorded a finding that there was a valid cancellation of the gift Ext. A-1. Since there was a valid cancellation of gift Ext. A-1, the donors acquired the right to transfer the properties. The donors assigned the properties to the contesting defendants by documents evidenced as Ext. B-4, A-6 and A-7. On the above finding the Trial Court dismissed the suit.