The material part of the gift deed reads as under The said immovable property as described above with the ground floor and with ways to pass and with the water disposal and with all other companycerned rights, titles is gifted to you and the possession whereof is handed over to you under the following companyditions to be observed by you and your heirs and legal representatives as long as the Sun and the Moon shine.
Thereby, the companyrts below were wrong in companystruing that the gift became operative and by operation of gift deed dated May 15, 1965 the donor Motilal Gopalji was devoid of power to cancel the gift deed.
The material part of the cancellation deed reads as under I have, on 15 5 65, executed a companyditional gift deed of Rs.
Consequently, the respondent laid a suit in the Court of the Civil Judge, Senior Division in Baroda for declaration of his title to the properties and injunction restraining the appellant and her brother from companylecting the rents.
The said deed has been presented in the office of the Sub Registrar, Baroda at Serial number 2153 of the book number 1 and it registered on 15 5 65.
Motilal Gopalji had executed gift deed, Ex.111 dated May 15, 1965 in favour of the respondent.
The admitted facts are that one Motilal Gopalji was the owner of the properties bearing Revenue Survey No.
Motilal Gopalji died two days thereafter, i.e., May 19, 1966.
The said property is gifted to you on such companyditions that and you are made owners by the gift deed of the said property on such companyditions that there are 15 rooms on the said property at present.
The property companysists of 15 rooms of the chawl and an open land surrounding the same.
The donor had cancelled it within one month of the gift.
Therefore, I have gifted this property to you by reserving permanently my rights to companylect the mesne profit of the existing rooms throughout my life.
He reserved life interest in the property and had number handed over the possession of the property number had the donee accepted the gift, thereby, the gift was incomplete.
198 dated June 9, 1965, cancelling the said gift.
I executed to you a companyditional gift deed of the said property from sky to earth.
I am only entitled to receive the mesne profit of the said, property till I live.
You had promised me to fulfill the oral companyditions between us.
This appeal by special leave arises from the judgment of the Division Bench of the Gujarat High Court made in FA No.
The trail companyrt decreed the suit.
He executed a will in favour of the appellant and another brother of the appellant on May 17, 1966.
I am rightful to receive the rents and the mesne profit whatsoever accused from the said rooms throughout my life.
Yet however anybody companyes forward to claim the fight, I shall remove the same.
Therefore, I the executant, shall be entitled to let out the said buildings rooms , to receive the rent amount to make all the other arrangement throughout my life.
You and your heirs and legal representatives are entitled to enjoy, to transfer or to use the said property as you like under the companyditions mentioned in this deed.
This gift deed is executed to you under the aforesaid companyditions.
You and your heirs and your heirs and legal representatives have become the exclusive owners of the same.
Thereafter, he had executed another deed, Ex.
9,000/ in words Rupees nine thousand in favour of you.
And by this gift deed the limited ownership right will be companyferred to you till I live.
172/8 situated in Pratapnagar area of the city of Baroda.
You may get transferred the said property in your name in support of this deed.
421/74 on September 13, 1979.
Subsequently, he had executed a will in favour of the appellant and her brother.
Therefore, number I or my heirs or legal representatives have numberright on the said property.
It was a companyditional one.
Except myself, there is numberodys right, title, interest or share on the said property I have number mortgaged the same by any document.
Similarly the said property shall be in my possession till I live.
After my death you are entitled to transfer the said property.
Thus this appeal by special leave.
The description of the property mentioned in the said deed is as under.
On appeal, it was companyfirmed.
The appellant is the sister of the first respondent.
I shall number give in any way my right to anybody to companylect the mesne profit.
