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e) Article 66 of the Schedule appended to Limitation Act, 1963 relied upon by the plaintiff has no application in the present case for the reason Article 66 applies to such suits where claim is based upon revocation of gift deed on ground of breach of condition of conditional gift, which is not the position in the instant case. The dictum of law laid down by Supreme Court in the decision reported as (2006) 5 SCC 353 Prem Singh vs. Birbal is that where a suit is filed for cancellation of a transaction on the ground of coercion, undue influence or fraud, Article 59 would apply.

l) The argument advanced by the deceased plaintiff that Donor i.e. the deceased plaintiff had not delivered the possession of suit property to Donee i.e. defendant No.2 and thus gift of suit property made to defendant No.2 was incomplete is misconceived for the reason the delivery of possession of gifted property is not necessary to complete the gift of an immovable property.

m) None of the conditions/circumstances prescribed in Section 126 of Transfer of Property Act for suspension/revocation of a gift are fulfilled in the present case. It is neither the case of the deceased plaintiff that the Donor (deceased plaintiff) and Donee (defendant No.2) had agreed that on the happening of any specified event the Donor (deceased plaintiff) may revoke the gift nor any such term is found in the Gift Deed.

9. In support of his proposition, that the deed of gift is revocable, the learned counsel for the defendant respondent relied on a decision of the Allahabad High Court in Balbhadar Singh v. Lakshmi Bai, holding that under Hindu Law if a person makes a gift to another in expectation that the donee will do more work in consideration of the gift, it follows that if the donee failed to do that which it has conditioned he should do, the gift is revocable. The learned counsel's point is that in order that the defendant may get Sebadharma (services) from the plaintiff she (plaintiff) has to remain in the house; but the plaintiff having remarried, she cannot perform the Sebadharma of the defendant because the plaintiff has left the house of the defendant and remarried. In my opinion, this argument cannot stand, in view of the legal position as stated above. With regard to the decision, relied on by the learned counsel, it appears that the Allahabad High Court observed that it was arguable that in the. absence of an express power of revocation for failure of the condition the gift cannot be impugned or revoked. Therefore, the Allahabad decision,--which was decided on the particular facts of the case,--does not support the defendant's contention. In the present case, as is clear from the document itself, there is no agreement that on failure on the part of the plaintiff to perform any of the conditions, namely, Sebadharma etc. the gift will be invalid. In other words, there must be a defeasance or default clause in order to make the gift revocable; if there was a condition that on failure to perform any of the conditions the gift will be void, then certainly the gift could have been revoked; the document "does not make any provision to that effect. Here, the defendant cancelled the gift,--as appears from the deed of cancellation,--in apprehension that the plaintiff might waste the property by transfer; it is not the defendant's case that, by reason of the plaintiff's having failed to perform her Sebadharma etc. that she revoked the deed of gift. (Emphasis Supplied)

40. To put it pithily, the position regarding revocation of gift upon breach of condition of gift is this: „there must be a defeasance or default clause in order to make the gift revocable; if there was a condition that on failure to perform any of the conditions the gift will be void, then certainly the gift could have been revoked; but the gift could not be revoked where the document does not make any provision to that effect.

41. In the instant case, there is no specific condition/stipulation in the Gift Deed dated June 10, 1997 that the gift would be revoked in case the deceased plaintiff does not reside in the front (drawing) room of the suit property. In the absence of such specific condition in the Gift Deed dated June 10, 1997, the Gift made by the deceased plaintiff of the suit property in favor of defendant No.2 cannot be revoked on the ground of (alleged) failure of the defendants to allow the deceased plaintiff to reside in the front (drawing) room of the suit property in view of legal position stated above.