Supreme Court of India
REV. FR. M.S. POULOSE versus VARGHESE AND ORS.
- Decided
- 30 March 1995
- Judges listed
- K. RAMASWAMY, B.L. HANSARIA
- Disposal
- Appeal(s) allowed
Citations
- Official
- [1995] 3 S.C.R. 126 · 1995 INSC 232
- Also cited as
- (1995) Supp 2 SCC 294
Learned from how other judgments cite this one, in their text or in the official Supreme Court Reports' lists of cases they refer to: each is cited this way by at least two judgments, and at least twice as often as any other citation to this judgment in that report. We hold no commercial reporter's text, only these citation strings.
Cited by
Cited in 2 other Supreme Court judgments we hold.
- N.P. SASEENDRAN versus N.P. PONNAMMA & ORS.
- P. CHANDRASEKHARAN AND ORS. versus S. KANAKARAJAN AND ORS.
Counted only in the Supreme Court judgments we hold whose text we could read, not in High Court judgments. We match each citation to a judgment automatically, so a citation we cannot match is not counted. "Cited" says only that a judgment refers to this one, not whether it followed, distinguished or overruled it.
The Court's text
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Leave granted.
p. 127, margin B
We have heard the counsel on both the sides. One Ithara and his wife Annam had 7 acres and odd land. During their life-time, Sosa, daughter of Mathew and her husband Verghese, the respondents herein, were looking after the old people. They executed a deed dated March 5, 1966, Ex.A-2. Thereunder they have given in consideration of the affection and the faithful service rendered by them, 70 cents of land absolutely to Sosa. For the rest of the lands, it was recited thus:
p. 127, margin B
"We reserve our right during our life time to live according to our wishes in the building described along with you and if need be we have full rights and liberty to appropriate the entire income and profits from the properties except those set part in the name of the second named amongst you. In the event during our life time it becomes necessary to mortgage or alienate the schedule property the same should be effected by you jointly with us and with the
p. 127, margin C
consent of all of us".
p. 127, margin E
We are not concerned with rest of the terms· of the document. During the life-time of the old people, they cancelled this document under Ex.A-3, dated March 11, 1968. The respondents challenged the same. In· the trial court they succeeded, but on appeal it was reversed. The High Court confirme.d the same. The High Court construed that the document is a gift deed and that therefore, the donors, having divested their title to the properties had no right to cancel ihe same subsequently.
p. 127, margin E
There was a dispute with regard to the recitals among the parties. Therefore, we have got officially translated the recital as extracted herein before. It indicates that the old people, the executants, have jointly reserved the right during their lifetime not only to live in the building and enjoy the entire income from the properties, but also reserved the right to alienate or mortgage the properties. In other words, they have not divested themselves from the title to the rest of the property completely, except 70 cents A of the land given to the respondent-Sosa in absolute terms. The High Court, therefore, was not right in its conclusion that it is a gift deed and the donors were divested of the title on execution of ExA.2 with effect from March 25, 1966. That part must be read to be a will.
pp. 127–128, margin F
The appeal is accordingly allowed. Since the appellant is the son of B Skaria, brother of Ithara, and the respondents are daughter and son-in-law of Mathew, a brother of Annarn-wife of Ithara, both the parties should, according to us, make partition and enjoy the properties in equal moiety. No costs. T.NA Appeal allowed.
p. 128