14.The trial Court, after appreciating the documentary evidence and the witnesses spoken about the documents namely, Ex.A1 and Ex.B15 to Ex.B19 has held, that Ex.A1 is the gift deed dated 12.08.1936. As per the recitals, Karuppanna Servai has settled absolutely the suit schedule mentioned property as Items No.6,7,8,9,10,12 to 15,19 and 23 in favour of his sole daughter Chinnammal. The gift is in praesenti. The said document Ex.A1 is of the year 1936, which is nearly 55 years old document. The suit property is described in the deed as absolutely selfacquired property of Karuppanna Servai. Any oral statement contrary to the written document is subject to Section 92 of the Indian Evidence Act, 1872. Therefore, the plea of the defendant (Jambulingam) that the real intention of Karuppanna Servai was to gift the property to him and not to his mother, however, at the time of the gift deed Ex.A1, he was minor and therefore, Karuppanna Servai gifted the property in the name of his mother Chinnammal to administer it, till the defendant (Jambulingam) attains majority, is contrary to the written document and therefore, the plea is not sustainable. As a result, the trial Court has allowed the suit in respect of the suit schedule property items No.6 to 15, 19 and 23, which are covered under Ex.A1.
