NDLI: Illoth Valappil Ambunhi (d) By Lrs. Vs. Kunhambu Karanavan

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	suit for Declaration CPC Error in framing a question of law s.100 Cancellation of gift deed and deed of transfer
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Limitation Act, 1963 (36 of 1963)
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Suit – Cancellation of gift deed and deed of transfer – Declaration for – One ‘R’ executed a deed of gift in favour of the respondents – The deed of gift stated that possession was delivered – ‘R’ later cancelled the gift by a deed of cancellation and sold the property to the original appellants – According to the appellants, the possession of the suit property was given to them and long after the original appellant had purchased the suit property, the respondents filed a suit for declaration that deed of cancellation and the deed of transfer were invalid, null and void – Respondents claimed that they were the owners of the suit property by virtue of the deed of gift – Trial court held that gift deed executed had not taken effect, as it was not accepted and deed of cancellation as well as the sale to the appellant were held to be valid and suit was dismissed – This was affirmed by the First Appellate Court as well – However, the High Court set aside the concurrent decisions of the Trial court and the First Appellate Court and allowed the respondents to recover possession of the suit property – On appeal, held: The proposition of law that when a document of transfer by gift records delivery of possession, a presumption of acceptance would arise, in the absence of overt repudiation of the gift, by and/or on behalf of the doneee, is unexceptionable – The High Court rightly held that when the deed itself said that the possession of the property was given to the donee, the burden of proving, that the said recital was not correct, laid on the party who asserted so – The High Court also rightly declined to accept the findings of the courts below that the deed of gift was not accepted during the lifetime of the donor, in the absence of any evidence of non acceptance of the same – The deed of gift did not provide for reversion of the suit property to the donor in case of failure to pay maintenance to the donor in terms of the deed of gift – Further the donor had no authority to revoke the deed of gift – Hence, the subsequent documents were in themselves without authority and null and void – The second appeal was rightly allowed by the High Court. Code of Civil Procedure 1908 – s.100 – Error in framing a question of law – Held: A mere error in framing a question of law would not render a judgment in second appeal liable to be set aside, if it is found that a substantial question of law existed and such substantial question of law has in fact been answered by the High Court.
Judge	Hon'ble Ms. Justice Indira Banerjee
Neutral Citation	2019 INSC 1058
Petitioner	Illoth Valappil Ambunhi (d) By Lrs.
Respondent	Kunhambu Karanavan
SCR	[2019] 13 S.C.R. 670
Judgement Date	2019-02-19
Case Number	1429

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Illoth Valappil Ambunhi (d) By Lrs. Vs. Kunhambu Karanavan

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