PULLAMMA Vs. VALMIKI ANNA SATRAM

JUDGEMENT

(1.) The defendant is the appellant in this appeal. The short question raised in this appeal is whether the gift deed executed by the defendant-appellant is valid. The facts are not in controversy but only its effect in law. The respondent-plaintiff known as Valmiki Anna Satram, Ahobilamrun by Valmiki Community represesented by its President Avula Pullaiah filed the present suit out of which this appeal arises in the first instance for a permanent injunction subsequently converted into a suit for declaration and possession against the defendant appellant herein.

(2.) The averment in the plaint is that the defendant executed a gift deed Ex.A-1 dated 12-7-1962 in favour of the President of the Valmiki Community in respect of plaint schedule land for running the choultry, and he was put in possession of the property and subseqewly the defendant changed her mind and was trying to dispossess the community and hence the suit for declaration and possession.

(3.) The defence was that the gift deed executed is invalid as the society is an unregistered society and the suit also is not maintainable in the representative capacity. It was further contended that though the deed was executed and registered, possession was never given and she is in possession of the property throughout since the date of gift deed and hence no title is passed to the plaintiff and the suit is liable to be dismissed.