Judgement

Consolidated Appeal (No. 105 of 1931) from a decree of the High Court (March 19 and 25, 1929) modifying a decree of the Additional Subordinate Judge of Cocanada.

In 1921 the appellant instituted a suit for possession of the properties of Tirupayya, who died in 1880; he claimed as heir upon the death of the widow of Tirupayya, which occurred earlier in 1921. In 1888 the widow had conveyed half the property of her husband to Ammanna, and the other half (less 6.42 acres which she reserved for her own maintenance) to her daughter Nagamma, who was reversionary heir to Tirupayya. Nagamma died in 1894. The defendants were in possession of the properties, some through the conveyance to Ammanna, some through the conveyance to Nagamma.

The facts appear from the judgment of the Judicial Committee.

The trial judge made a decree for the properties which had been conveyed to Nagamma holding that they were merely a gift from the widow; otherwise he dismissed the suit.

Both the plaintiff and the defendants appealed to the High Court, which dismissed the plaintiffs appeal but allowed the defendants appeal as to the properties conveyed by the widow to her daughter. The learned judges (Phil