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.