ANDHRA PRADESH HIGH COURT ISSUES ORDER ON PYDI EDWARD VINODH V/S VISHWA VANI SOCIETY AND ORS.

AMARAVATI, India, March 1 -- Andhra Pradesh High Court issued the following order on Jan. 29:

1. Heard Sri P.Raj Kumar, learned counsel for the appellant.

2. The appellant is the plaintiff in O.S.No.62 of 2016 on the file of the Court of the XI Additional District Judge, Visakhapatnam. He filed the suit for declaration that he was the absolute owner of the plaint schedule property and for consequential reliefs. The suit was based, primarily the registered Gift Deeclted 07.10.1985 executed by the plaintiff's mother in his favour.

3. The defendants/respondents contested the suit and inter alia their case was that the plaintiff's mother was the absolute owner as she had purchased the property vide registered sale deed dated 26.08.1982. But she executed the sale deed in favour of the defendants on 31.05.2000. It was also pleaded before the learned Court that the Gift Deed dated 07.10.1985 was cancelled by the mother on 05.08.1988.

4. The suit has been dismissed by the learned Trial Court.

5. Inter alia on issue No.3, which was to the effect "whether cancellation of the registered Gift Deed dated 07.10.1985 is valid under law", on which finding was recced that "unilateral cancellation of the Gift Deed was void ab initio''

6. The suit was dismissed inter alia, on the finding recorded that the plaintiff could not establish .the acceptance of the gift under the Gift Deed dated 07.10.1985. So, the gift itself was incomplete.

7. Learned counsel for the appellant submits that as per the Gift Deed itself, the property was handed over to the plaintiff immediately. The same is mentioned in the Gift Deed itself and based on that Gift Deed, the plaintiff had also applied before the G.V.M.C for approved plan for building. He further submits that besides, the oral evidence on record, also established that the gift was accepted by the plaintiff* Consequently, he submits that the very basis of the judgment on the finding that the gift was not complete is unsustainable.

8. The matter requires consideration.

9. Issue notice to the respondents.

10. In addition to the normal mode of service, the appellant is permitted to take out personal notice by Registered Post with Acknowledgement Due and file proof of service by the next date.

Disclaimer: Curated by HT Syndication.