Declaration of Title and Recovery of Possession – Gift Deed – Unilateral Cancellation
The suit was filed for declaration of title and recovery of possession based on a registered gift deed executed in favour of the plaintiff by the original owner. The executant subsequently unilaterally cancelled the said gift deed without the knowledge of the plaintiff. The trial Court held that unilateral cancellation of a conditional gift is not valid under law and that the gift in favour of the plaintiff holds good, thereby declaring her title and granting recovery of possession. The said findings were confirmed by the first appellate Court. (Para 2)
Concurrent Findings – Validity of Gift – No Interference
Both the trial Court and the first appellate Court recorded concurrent findings holding that the gift deed in favour of the plaintiff is valid and that its unilateral cancellation by the executant is not legally sustainable. The Courts below correctly answered the legal aspects involved in the suit. (Para 2)
Second Appeal – Absence of Substantial Question of Law
In view of the concurrent findings of fact recorded by both the Courts below and proper adjudication of the legal issues, it was held that no question of law is involved in the second appeal, much less any substantial question of law arises for consideration. Consequently, the second appeal is not liable to be admitted. (Para 2)
Dismissal at Admission Stage
The Second Appeal was dismissed at the admission stage in the absence of any substantial question of law. (Para 3)
Result
Second Appeal dismissed. No order as to costs. Pending applications, if any, stand closed. (Para 3)
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