ALEXANDER @ SAMKUTTY Vs. JAINAMMA

JUDGEMENT

(1.) The unsuccessful plaintiff filed this appeal against the judgment and decree dated 12 th April, 2007 in O.S. No. 103/2004 on the file of the Sub Court, Kattappana, dismissing the suit for declaration and injunction.

(2.) The parties are hereinafter referred to as the plaintiff and the defendants as per their ranking before the court below.

(3.) The factual matrix of the case is briefly stated as under: The plaint schedule property was gifted to the plaintiff by the 1st defendant on 2.9.2002 as per Settlement Deed No. 1587/2002 of SRO Udumbanchola. The gift was accepted by the plaintiff and he had taken steps to effect mutation of the property. But he could not effect mutation, as mutation was not effected in favour of the 1 st defendant. The 1st defendant is the wife of the plaintiff's brother G. Rajan, who is no more. The plaintiff was residing in Beherin along with his brother late Rajan till 1997. The plaintiff used to extend financial assistance to late Rajan till 2002 and thus in total he parted with an amount of Rs.10,00,000/- and it remained unpaid till his death. The building in the property was leased out to State Bank of Travancore, Thookkupalam Branch and the rent was being collected by the donor. In the year 2004, when the plaintiff visited his native place, he was informed by his brother Jaison that a cancellation Deed as No.2378/2002 was executed by the 1st defendant cancelling the gift deed. Later, it was revealed that 1st defendant sold 1.800 cents of land as per sale deed No. 383/2003 in favour of the 2 nd defendant. Since the property was gifted to the plaintiff by the 1st defendant, the execution of the cancellation deed as well the sale deed in favour of the 2 nd defendant will not affect the plaintiff's rights. Hence, the suit was filed for a declaration that the cancellation deed and the sale deed are null and void and will not affect the rights of the plaintiff over the property as well for injunction restraining the 1 st defendant from executing further documents pertaining to the plaint schedule property.