Judgement

Appeal from a judgment and decree of the High Court (November 20, 1914), so far as it reversed a decree of the District Judge of Salem (October 4, 1909).

The suit was instituted by the appellant in 1908 against the respondent (a minor) and his father (since deceased) together with thirty other defendants. The plaintiff claimed a declaration that he was entitled to possession of a moiety of certain lands in the possession of the various defendants. The lands in dispute had formed part of the estate of one Ramasami Gounden, deceased. He died childless in 1890, and his mother, Marakammal, then succeeded to his properties for a womans estate. On November 24, 1893, she executed a deed of transfer in favour of her nephew, who at that time was the nearest reversionary heir to her deceased son. The deed is set out

96 Law Rep. 46 Ind. App. 72 ( 1918- 1919) Rangasami Gounden V. Nachiappa Gounden

197

in the judgment of their Lordships. The defendants had taken, by inheritance or transfer, from the alienee.

The appellant in 1896 purchased from the respondents father and uncle two of the properties alienated, and had taken a mortgage (since discharged) of other alienated property, nam