VIGNESWARAPU JAGGARAJU Vs. GITTA SEETHA RATNAM

JUDGEMENT

(1.) This Second Appeal is preferred by the plaintiff in O.S.No.268 of 1976 on the file of the Principal District Munsif, Narsapur. The respondents are the defendants in the suit.

(2.) The plaintiff filed the suit for declaration of title and recovery of possession of the plaint schedule property, damages etc. The plaint schedule property is 0-04 cents vacant land which is useful for construction of houses. The property originally belonged to defendant No.3. Defendant No.3 executed a registered gift deed on 26-02-1962 in favour of the plaintiff, who is no other than the son of defendant No.3 and it was mentioned in the gift deed that the property was delivered on the same day. Defendant No.1 lent some money to defendant No.3 and when she failed to repay the same, defendant Nos.1 and 2 filed a suit in Small Causes Court for recovery of the land and the suit was decreed. Subsequently, an Execution Petition was filed to bring the suit schedule property for sale and accordingly, the sale was conducted in 1976 and it was confirmed on 02-02-1976 and the property was delivered to defendant Nos.1 and 2 on 11-03-1976. The plaintiff filed the suit on 12-07-1976 for the reliefs as mentioned above.

(3.) D-3 remained ex parte. D-1 and D-2 contended that D-3 executed the gift deed nominally, it was not acted upon and it is not binding on them. They further pleaded that whenever a gift is given by the donor, the donee must accept the same. As the donee was not present at the time of execution of the gift deed, it was not acted upon, therefore, no title has been transferred to the plaintiff under the gift deed. The lower Court, by accepting the contentions of the defendants, dismissed the suit and the Appeal preferred by the plaintiff was also dismissed by confirming the decree and Judgment of the trial Court. The plaintiff, being aggrieved by the Judgments and decrees of the Courts below, preferred the present Appeal.