1966 (9) TMI 136 - SC - Indian Laws

Supreme Court Upholds Legitimacy, Invalidates Gift Deed

AMMATHAYEE ALIAS PERUMALAKKAL Versus KUMARESAN ALIAS BALAKRISHNAN

The Supreme Court affirmed the legitimacy of the plaintiff-respondent as the legitimate son of Rangaswami Chettiar, rejecting the appellants' challenge to ... - Issues Involved:1. Paternity of the Plaintiff-Respondent.2. Validity of the Gift Deed.Detailed Analysis:1. Paternity of the Plaintiff-Respondent:The primary issue was whether the plaintiff-respondent was the legitimate son of Rangaswami Chettiar. Both the trial court and the High Court found in favor of the plaintiff-respondent, affirming his paternity. The appellants contended that the High Court did not fully accept the evidence and should have ruled against the plaintiff-respondent. They argued that the High Court erred in applying Section 112 of the Indian Evidence Act, which presumes legitimacy for a child born during a valid marriage unless it is proven that the husband had no access to the wife during the conception period.The evidence presented included testimony from Lakshmiammal, the plaintiff-respondent's mother, who denied any quarrels with her husband and asserted that the plaintiff-respondent was indeed Rangaswami Chettiar's son. Despite a notice from Rangaswami Chettiar denying paternity, the High Court held that this did not sufficiently rebut the presumption of legitimacy under Section 112. The High Court noted that Lakshmiammal lived only a furlong away from Rangaswami Chettiar, making it improbable to prove non-access. Consequently, the Supreme Court upheld the concurrent findings, affirming that the plaintiff-respondent is the legitimate son of Rangaswami Chettiar.2. Validity of the Gift Deed:The second issue revolved around the validity of a gift deed executed by Rangaswami Chettiar in favor of his second wife, Ammathayee. The trial court and the High Court both ruled that the gift deed was invalid under Hindu law, which restricts the gifting of ancestral immovable property. The appellants argued that the gift was valid as it constituted a reasonable portion of the property and was made out of love and affection, fulfilling a promise made by Rangaswami Chettiar's father.The Supreme Court examined the principles of Hindu law, which allow gifts of ancestral movable property within reasonable limits but impose stricter limits on immovable property. The Court emphasized that gifts of immovable property are permissible only for 'pious purposes,' typically charitable or religious. The Court found no precedent supporting the validity of such gifts made out of affection or to fulfill a father's wishes. The Court also rejected the argument that a father-in-law's wishes could impose a pious obligation on the son to make such a gift. Therefore, the Supreme Court concluded that the gift deed was invalid.Additional Findings:- The High Court dismissed the appeal concerning defendants Nos. 4 and 5, who were the brothers of the step-mothers, and set aside the trial court's decree holding them accountable.- A cross-objection regarding certain properties in possession of the sixth defendant was dismissed due to lack of proof that they were joint family properties.- The Supreme Court directed the trial court to correct its decree to align with its findings on the existence of certain items (a gold chain and promissory notes).Conclusion:The Supreme Court dismissed the appeal, affirming the legitimacy of the plaintiff-respondent and the invalidity of the gift deed. The appellants were ordered to bear the costs of the plaintiff-respondent and Natarajan Chettiar. The trial court was instructed to amend its decree regarding specific items.