VidhiSangh

Supreme Court of India · 19/09/2019

ILLOTH VALAPPIL AMBUNHI (D) BY LRS. versus KUNHAMBU KARANAVAN

[2019] 13 S.C.R. 670 · 2019 INSC 1058

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Summary

A subsequent purchaser defended title on the ground that an earlier gift to a religious Bhandaram had never been accepted. The Court upheld the High Court’s reversal of concurrent findings because the lower courts had misapplied the burden of proof and ignored the deed’s possession recital and admitted trusteeship. The accepted gift left the donor without authority to cancel it or convey the property later.

Issues

  1. Whether the deed’s possession recital and admitted trusteeship established acceptance of the gift.
  2. Whether the High Court could correct the concurrent findings despite imperfect formulation of its substantial question of law.
  3. Whether Article 59 barred the incidental declaration concerning the later deeds.

Held

Result

The appeal was dismissed, sustaining the High Court’s declaration of the Bhandaram’s title and invalidity of the subsequent deeds and its recovery-of-possession relief. The purchaser remained free to pursue advised proceedings against the vendor for damages and recovery of consideration.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 670.