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1970 Supreme(Mad) 39

SADASIVAM, MAHARAJAN
Mohamed Naziruddin – Appellant
Versus
Govindarajulu Appah – Respondent


Advocates:
N. Suryanarayana, for Appellant; C.R. Krishna Rao and A. Kaniala Devi, for Respondents.

Judgement

JUDGMENT :- Plaintiffs 1 and 2 are the sons of plaintiffs 3 and 4, who were added as the legal representatives of the second plaintiff who died during the pendency of the suit. One Mohamed Ghouse Khan Sahib, the father of the fourth plaintiff, executed a gift deed on 19-9-1938 in respect of the superstructure of house No. 13 Fakir Saheb Street, first lane, Triplicane, Madras in favour of his grandsons, plaintiffs 1 and 2, who were then minors represented by their father and guardian Mohamed Mahaboob Khan, the fourth plaintiff in the suit. Ex. A-1 is a registration copy of the gift deed and it shows that the property has been valued at Rs. 1000. At the time of the gift there was a mortgage Ex. B-1 dated 25-4-1938, executed by Mohamed Ghouse Khan for Rs. 300, over the property covered by the gift deed. The donor directed the mortgage to be redeemed from out of the income and profits from the property gifted by him. The fourth plaintiff paid only a sum of Rs. 55 towards the principal till the end of 1946. On 10th October 1946, he agreed to sell the property covered by the gift on behalf of his minor sons to one Abdul Azeez Sahib and received Rs. 300 and redeemed the mortgage




















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