SUBBEGOWDA (DEAD) BY LR. versus THIMMEGOWDA (DEAD) BY LRS.

SUBBEGOWDA (DEAD) BY LR. versus THIMMEGOWDA (DEAD) BY LRS.

The settlement deed of 1.8.1969 was not a transfer of property but an arrangement/entrustment for management, with express power of revocation reserved by the settlor. The intention from the document and circumstances showed no absolute title vested in the settlee, and thus the deed was validly revoked by the settlor.

Parties
Appellant: Subbegowda (Dead) by LR.; Respondent: Thimmegowda (Dead) by LRs.
Jurisdiction
India
Judgment Date
16 April 2004
Procedural Posture
Civil Appeal / Final Supreme Court Decision
Outcome
Appeal dismissed
Legal Topics
Settlement Deed, Revocation of Settlement, Interpretation of Deeds, Transfer of Property
Property Law Settlement Deed Revocation of Settlement Interpretation of Deeds Transfer of Property

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Parties

Subbegowda (Dead) by LR.

Appellant

Thimmegowda (Dead) by LRs.

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Decision

Legal Issues

  1. 1 Whether the settlement deed amounted to a transfer of property or was merely an arrangement/entrustment with a power of revocation
  2. 2 Whether a settlor can reserve to himself the power to revoke the settlement deed
  3. 3 Whether the alleged fraud and misrepresentation vitiated the deed

Ratio Decidendi

The settlement deed of 1.8.1969 was not a transfer of property but an arrangement/entrustment for management, with express power of revocation reserved by the settlor. The intention from the document and circumstances showed no absolute title vested in the settlee, and thus the deed was validly revoked by the settlor.

Court Disposition

Appeal dismissed

Orders

  • Judgment and decree of the High Court maintained
  • No order as to costs