1967 (7) TMI 130 - HC - Indian Laws

Appeal dismissed, plaintiff's suit failed to prove ownership. Oral gift invalid under Section 123.

Allam Gangadhara Rao Versus Gollapalli Gangarao

The appeal was dismissed, affirming the District Judge's decision. The plaintiff's suit was dismissed due to failure to establish exclusive ownership, ... - Issues Involved:1. Entitlement of the plaintiff to a decree based on a different cause of action than set up in the plaint.2. Whether the plaintiff, as a member of the joint family, can alone bring a suit for recovery of possession of joint family property.3. Validity of the oral gift made at the time of marriage under Section 123 of the Transfer of Property Act.4. Applicability of Section 53-A of the Transfer of Property Act to the case.Detailed Analysis:1. Entitlement of the Plaintiff to a Decree Based on a Different Cause of Action:The plaintiff initially claimed exclusive ownership of the suit land, asserting it was his self-acquired property and that the defendant was a trespasser. Both lower courts found these allegations to be false, determining the land was joint family property. The trial court, however, accepted an argument not set up by the plaintiff, that the oral gift made at the time of marriage was invalid under Section 123 of the Transfer of Property Act. The District Judge disagreed, stating the plaintiff should not succeed on a case not set up by him. The principle is that a party must prove the case as alleged and covered by the issues framed, and cannot succeed on a case inconsistent with their pleadings unless amended. The plaintiff cannot abandon his case and adopt the defendant's case partially to seek relief. Thus, the lower appellate court was justified in not allowing the plaintiff a decree on a cause of action he had denounced.2. Whether the Plaintiff Alone Can Bring a Suit for Recovery of Possession:The plaintiff and his family were separated under a registered partition deed, and the suit land was not included, as it was allegedly gifted to the plaintiff's sister at her marriage. The plaintiff argued that without a registered gift deed, the land remained joint family property. The courts did not address whether the joint family continued post-partition concerning the suit land. Assuming the joint family continued, the plaintiff alone could not sue for recovery of possession of joint family property without including other family members as plaintiffs or defendants. The general principle is that all persons jointly interested must be parties to the suit to determine disputes effectively. The plaintiff was not authorized to sue on behalf of the joint family, nor was he the manager. Additionally, the defendant was not a trespasser but possessed the land based on the gift made to his wife. Therefore, the plaintiff alone could not bring the suit.3. Validity of the Oral Gift Under Section 123 of the Transfer of Property Act:The gift at the time of marriage was oral, with possession given to the donee. The trial court rejected the part-performance defense, stating the gift was gratuitous and lacked consideration. The District Judge found the gift had consideration but rejected the defense, as Exhibit B-1 was not contemporaneous with the original contract. Section 123 requires a gift of immovable property to be in writing and registered. The courts found the oral gift invalid as it did not meet these requirements. The plaintiff, who attested Exhibit B-1, was estopped from disputing the gift's validity.4. Applicability of Section 53-A of the Transfer of Property Act:Section 53-A allows defense based on part performance if there is a written contract signed by the transferor, and the transferee has taken possession in part performance. Exhibit B-1, executed after the oral gift, brought out all terms of the oral agreement. The courts distinguished between a document referring to a previous oral agreement and one incorporating all terms of the oral agreement. Exhibit B-1 fell into the latter category and satisfied Section 53-A requirements. The plaintiff, who attested the document, was estopped from challenging the gift's validity. The argument that no writing is necessary for a gift at marriage under Section 9 of the Transfer of Property Act was rejected, as Section 123 mandates writing and registration for all gifts of immovable property.Conclusion:The appeal was dismissed, affirming the District Judge's decision. The plaintiff's suit was dismissed on grounds of failing to establish exclusive ownership, inability to sue alone for joint family property, invalidity of the oral gift under Section 123, and the applicability of Section 53-A for part performance defense. The plaintiff was estopped from disputing the gift's validity, having attested Exhibit B-1.