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December 2024

Allied Laws

By Dr K. Shivaram, Senior Advocate
Rahul K. Hakani | Shashi Bekal, Advocates
Reading Time 8 mins

38 N Thajudeen vs. Tamil Nadu Khadi and Village Industries Board

Civil Appeal No. 6333 of 2013 (SC)

24th October, 2024

Gift — Valid gift deed — Unilaterally revoked — No rights for revocation in gift deed — Gift cannot be revoked. [S. 126, Transfer of Property Act, 1882].

FACTS

A suit was instituted by the Original Plaintiff / Respondent for declaration of title over the suit property. The suit was filed on the basis of a gift deed executed by the Original Defendant / Appellant (N. Thajudeen) in favour of the Respondent. According to the gift deed, the Appellant had gifted the suit property to the Respondent on the condition that the suit property shall be utilised only for the purpose of manufacturing Khadi lungi and Khadi yarn. Thereafter, somewhere in 1987, the Appellant had unilaterally revoked the gift deed by way of a revocation deed. In response, the Respondent instituted a suit before the Learned Trial Court, which was dismissed on the ground that the gift deed was not valid as it was never accepted by the Respondent. On further appeal, the District Court and Hon’ble High Court allowed the appeal on the ground that the gift was validly accepted, and further, in

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