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1964 Supreme(Mad) 437

RAMAMURTI
Azeshabi – Appellant
Versus
Saprakara Kathoonbi – Respondent


Advocates:
P. Sharfuddin, M.R. Krishnan and S.M. Amjad Nainar, for Appellants; K.S. Champakesa Iyangar and K.C. Srinivasan, for Respondents.

Judgement

JUDGMENT :- Defendants 3 to 5 are the appellants in the second appeal which raises the question of the validity of a gift under the Mohamedan law. The brief facts of the case are : The plaintiff executed a gift deed, Ex. A. 1 dated 21-5-1935, in favour of her son, the first defendant, and the daughter, the second defendant, the latter being represented by the first defendant as guardian. The gift deed contains an express recital that possession of the property has been delivered over to the donees, that they should protect the mother, the donor, during her lifetime, and that the donor and her heirs shall have no right or interest in the property gifted. At the outset it may be mentioned that the property gifted is a residential house in which the donor and her children and the donees were living together, before the gift, at the time of the gift, and for a long number of years thereafter, even after the daughter attained majority.

2. In the year 1946, the second defendant executed a mortgage over her half share of the property in favour of the third defendant, who filed a suit O. S. 469 of 1948, obtained a decree, and in execution of that decree the fourth defendant purchas























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