Judgement

Appeal (No. 2 of 1922) from a decree (May 2, 1919) of the High Court varying a decree (December 23, 1916) of the Subordinate Judge of Madura.

Law. Rep. 51 Ind. App. 145 ( 1923- 1924) Obala Kondama Naicker Ayyan V. Kandasami Goundar

214

The suit was brought by the appellants as next reversionary heirs to one Mayilchami, a Hindu resident in the Madras Presidency, who died in 1901, for a declaration that certain transfers of his property made by Aparanji Amman, his daughter and the appellants mother, were void as against them. The transfers were made in connection with a compromise of claims to the property, the facts as to which appear from the judgment of the Judicial Committee. The particular transfer in question in the appeal was to one Mandalathipathi, who on July 2, 1910, had mortgaged the land transferred to him to the fourth defendant, the present respondent, for Rs. 10,000 ; a decree on the mortgage had been obtained in 1915. The mortgage deed stated that the land was held under a partition deed executed by Aparanji Amman under the compromise filed in O. S. No. 12 of 1902.

The Subordinate Judge of Madura, who tried the suit, found that the compromise under which the