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1972 Supreme(Mad) 526

PALANISWAMY, ISMAIL
Madras State Bhoodan Yagna Board, Madurai – Appellant
Versus
Subramania Athithan – Respondent


Advocates:
S. Mohan and K. Alagirisami, for Appellant; S. Rathnaswami, for Respondents.

Judgement

PALANISWAMY, S. :- The Madras State Bhoodan Yagna Board, represented by its Chairman, the 8th defendant in O. S. 31 of 1963, on the file of the Court of the Subordinate Judge of Tuticorin, is the appellant. Plaintiffs 1 to 3 are the sons and the fourth plaintiff is the wife of the first defendant. The suit was laid for partition of the plaint properties into four shares and for allotment of three shares to plaintiffs 1 to 3 with provision for maintenance of the fourth plaintiff and for the marriage expenses of the daughter of the first defendant. The first defendant executed three gift deeds, viz., Exs. B-1 to B-3, all on 29-10-1954 in favour of the Bhoodan Yagna started by Acharya Vinobaji in respect of certain family properties. The main contest was regarding the validity and binding nature of these gift deeds. The plaintiffs contended that these gift deeds were not binding upon them and that plaintiffs 1 to 3 were entitled to their shares in the items covered by these gift deeds. The appellant contended that the gift deeds were made by the first defendant for charitable purposes and that the extent covered by the gift deeds was small, compared to the total extent posse







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