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1977 Supreme(AP) 401

K.RAMACHANDRA RAO
Shaik Fathima Bi – Appellant
Versus
Sri Venkata Chapathy Finance Corporation, Rayachoty – Respondent


( 1 ) THE only point raised in this second appeal is whether the 3rd defendant. The appellant herein, can be made liable for the suit debt as a universal donee under the gift-deed dated 18-8-1970 executed by the first defendant in favour of his wife the third defendant.

( 2 ) THE suit out of which this second appeal arises was filed by the plaintiff the respondent herein, for recovery of a sum of Rs. 1016-25. due on a promissory note dated 3-10-1969 executed by the defendants 1 and 2 in favour of the plaintiff for Rs. 2000. 00 with interest at 8 per cent and costs. The 3rd defendant was impleaded on the ground that the first defendant had transferred by way of a gift, the whole of his property under the gift deed Ex. A-2 dated 18-81970 in favour of his wife. The execution of the promissory note was admitted, and only the passing of consideration, was denied. Both the courts below negatived the plea of the defendants 1 and 2 and found that the suit promissory note was true and supported by consideration. they also held that the 3rd defendant was a universal donee and was liable to pay to the extent of the property transferred under the gift deed.

( 3 ) IN this second appeal Sri M. N

















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