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september 2019

Supreme Court of India · 2019-09-19

ILLOTH VALAPPIL AMBUNHI (D) BY LRS. vs KUNHAMBU KARANAVAN

Citation / case number
SC 2009/12609
Court
Supreme Court of India
Petitioner
ILLOTH VALAPPIL AMBUNHI (D) BY LRS.
Respondent
KUNHAMBU KARANAVAN
Author
HON'BLE MS. JUSTICE INDIRA BANERJEE
Bench
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE INDIRA BANERJEE

Judgment text excerpt

The Supreme Court held that the deed of gift executed by Raman Aithan Ashari in favor of the Chuzhali Bhagavathi Dharmadeva Bhandaram was invalid due to lack of acceptance and possession, thus allowing the respondents to recover the property. The Court emphasized that mere recital of possession in the deed does not establish acceptance by the donee, as the Bhandaram is an inanimate entity. The High Court's decision to set aside the Trial Court's findings was overturned, reaffirming the validity of the cancellation deed and the subsequent sale to the appellant under Section 100 CPC.

ILLOTH VALAPPIL AMBUNHI (D) BY LRS. vs KUNHAMBU KARANAVAN · Niyam