- (1.)THIS appeal is preferred by the plaintiffs in O. S. No. 185 of 1992 on the file of the District Munsiff, Gannavaram.
(2.)THE suit was filed for perpetual injunction in respect of two items of property covered by the plaint schedule. The first plaintiff is the wife and the second plaintiff is the minor son of the defendant. It is not disputed that the defendant executed a registered gift deed on 3. 4. 1987 in respect of item No. 1 in faovur of the first plaintiff. It is also not disputed that the defendant executed a partition deed on 9. 4. 1987 allotting item No. 2 to the second plaintiff represented by the first plaintiff. The plaintiffs asserted that they are in possession and enjoyment of the property.
(3.)THE defendant contended that the gift deed was not acted upon and he executed a revocation deed on 19. 11. 1992 revoking the gift and that the gift of a joint family property is void, therefore, the first plaintiff is not entitled for injunction in respect of item No. 1. Though the defendant admits that item No. 2 was allotted to the second plaintiff towards his share, he claimed that he is the natural guardian of the minor boy and the first plaintiff cannot act as a guardian without orders of the court, therefore, he requested to dismiss the suit in respect of both the items of the suit.