JULAKANTI KRISHNAMURTHI Vs. APPALARAJUGARI VENKATA RAMANAIAH

JUDGEMENT

(1.) THE plaintiffs, two in number, who are both minors represented by their next friend and mother, along with the defendants 3 and 4 are the appellants in this second appeal. The suit out of which this second appeal arises was for recovery of possession of the plaint schedule properties from lst defendant. According to the plaint, the defendants 2 and 3 are also entitled along with the plaintiffs to the joint possession of the properties and as they had not joined as plaintiffs, they were made defendants.

(2.) THE case of the plaintiffs is that the 1st defendant executed and registered a gift deed in favour of themselves, defendants 2 and 3 and another Palur Ramayya on 10 -4 -1945 which he purported to revoke by another registered deed on 8 -5 -1945. The plaintiffs claim that the 1st defendant had no right to revoke the gift deed. The main defense of the 1st defendant was that there was no acceptance of the gift by the plaintiffs or the other donees and that therefore he was not entitled to revoke it.

(3.) BEFORE I do so, it is necessary to quoted Ss. 122 and 123 of the Transfer of Property Act in so far as they are material for the present purpose: