Judgment :- The defendants are the appellants. One Arumugha Asari, owner of the suit property, donated it to Kama-lakshi Animal, his sister-in-law who is also the mother-in-law of the plaintiff under Exhibit A-1 on 22-4-1970. He revoked that deed under Exhibit B-1 on 24-8-1973; On the same day he executed another deed of donation under Exhibit A-3, in favour of defendants. The defendants have taken possession of the suit property. The plaintiff, in whose favour Kamalakshi Animal has executed the gift deed, has filed the suit on the ground that the deed of donation dated 24-8-1973 under Exhibit A-3 is null and void and that it was obtained by coercion and for recovery of posses-sion of that portion of the property occupied by the defendant. 2. The first defendant in her answer stated that Exhibit A-3 was not obtained by coercion or under undue influence, but was executed voluntarily by the donor, that Arumugham Asari donated the property in favour of Kamalakshi in the hope that she will maintain him, but as she has failed to maintain him he has cancelled the deed. 3. The trial court found that Exhibit A-3 was not executed under coercion, but however decreed the suit of the plaintiff on the ground that Arumugham Asari cannot revoke the gift deed in favour of Kamalakshi. The appellate court confirmed that decree and dismissed the appeal. 4. A learned Judge of this court while admitting the second appeal has formulated the following substantial questions of law: 1. Whether the revocation of the gift is valid? 2. Whether the deed of donation dated 24-8-1973 was obtained by coercion and fraud and therefore invalid? 5. The second point of law framed by the learned judge need not detain us any longer in view of the finding of the trial court that Exhibit A-3 was not obtained by coercion. The appellate Judge does not deal with this point. But, however, there is absolutely no evidence to show that Exhibit A-3 was executed under coercion or undue influence. In fact P.W.1 does not anywhere say that Exhibit A-3 was obtained by coercion or by fraud or by undue influence. In the circumstances, the trial court was correct in coming to the conclusion that Exhibit A-3 was not obtained by undue influence, coercion or fraud. That disposes of the second question of law. 6.
In fact P.W.1 does not anywhere say that Exhibit A-3 was obtained by coercion or by fraud or by undue influence. In the circumstances, the trial court was correct in coming to the conclusion that Exhibit A-3 was not obtained by undue influence, coercion or fraud. That disposes of the second question of law. 6. The deed of gift was cancelled under Exhibit B-1. Section 126 of the Transfer of Property Act deals with the question of revocation or suspension of the gift. It reads that the donor and the donee may agree that on the happening of any specified event which does not depend on the will of the donor, a gift shall be suspended or revoked. The latter part of section 126 says that a gift which the parties agree shall be revocable wholly or in part at the mere will of the donor is void wholly or in part, as the case may be. The second part of section 126 says that a gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Then follows the more important clause“, save as aforesaid, a gift cannot be revoked†. That will show that except in the circumstances mentioned in section 126 of the Transfer of Property Act, a gift cannot be revoked. A gift may be revoked as if it were a contract, but not on the ground of want of consideration or failure of consideration. A gift may be revoked for coercion, fraud or misrepresentation or undue influence in the same way as a contract may be rescinded. It has already been pointed out that Exhibit A-3 was not obtained under coercion. The four essential conditions for revocation under section 126 are: 1. that the donor and the donee must have agreed that the gift shall be suspended or revoked on the happening of a specified event; 2. such event must be one which does not depend upon the donor’s will; 3. The donor and the donee must have agreed to the condition at the time of accepting the gift; 4. The condition should not be illegal or immoral and should not be repugnant to the estate created under the gift. In the present case, in Exhibit A-1 no condition is stipulted.
The donor and the donee must have agreed to the condition at the time of accepting the gift; 4. The condition should not be illegal or immoral and should not be repugnant to the estate created under the gift. In the present case, in Exhibit A-1 no condition is stipulted. The cancellation deed, Exhibit B-1, mentions that the donor had the fond hope that Kama-lakshi Animal will maintain him, but he was disillusioned with that hope and that he is therefore revoking the deed. Exhibit A-1 does not contain any condition that Kamalakshi should maintain the donor. It is therefore clear that the donor has revoked the gift under Exhibit A-1, at his pleasure. As already pointed out, a gift may be revocable by being subject to a condition subsequent, but the condition cannot depend upon the will of the donor, for a gift revocable at pleasure is no gift at all. In this connection, the observations of Lord Nottingham in the case of Villers v. Beaumont, (1682)1 Vern.101 which are apt may be extracted: "If a man will improvidently bind himself up by a voluntary deed and not reserve a liberty to himself by a power of revocation, this court will not loose the fetters he hath put upon himself, but he must lie down under his own folly, for if you would relieve in such a case, you must consequently establish this proportion, namely, that a man can make no voluntary disposition of his estate but by his will only, which would be absurd." It is therefore clear that except in the circumstances mentioned in section 126 of the Transfer of Property Act, a gift cannot be revoked. Such circumstances having . not been made out, the gift under Exhibit A-1 cannot be revoked. The result is the second appeal fails and is dismissed, but without costs.