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Showing contexts for: gift void in N. B. Khatiwada vs State Of Sikkim And Ano on 15 July, 2013Matching Fragments
15. Issue No. 1- as to whether plaintiff has locus standi to file the suit, was decided by the Court below against the appellant taking the view that though the gift deed was validly executed and the plaintiff- donee was put in possession, the deed was not registered as requested under Section 126 of the Transfer of Property Act. According to the Court below, the gift deed became void on account of revocation prior to registration and hence the appellant who claimed under a void gift deed cannot have any locus standi to institute a suit. The maintainability of N.B. Khatiwada v. State of Sikkim the suit was challenged by the defendants mainly on the premise that the mandatory notice under Section 80 C.P.C. was not issued prior to institution of the suit. Though it was found that leave had been given to the plaintiff under Section 80 CPC, the Court below would decide this issue also against the plaintiff relying on finding entered under Issue No. 9 that the plaintiff has not acquired right, title and interest over the suit property under the gift deed.