Validity of gift deed executed by minor on attaining majority of the same land already alienated by life state holder.

Srinivasan, J.

1. The respondent herein instituted the suit, which has given rise to this Second Appeal for a declaration of its absolute ownership of the suit property and for injunction restraining the appellants from interfering with the possession and enjoyment of the said property. The claim of the respondent is based on a deed of settlement executed by one Chandrasekaran on 1.11.1975 (Ex. A-2) gifting an extent of 1.40 acres in Survey Number 152 in Allapuram Village, Vellore Taluk, North Arcot District which is the subject matter of the suit.

2. It is not now in dispute that the suit property and some other properties were bequeathed by V. Kothandarama Mudaliar, the grand father of the plaintiffs donor under a Will dated 15.11.1937 (Ex. A-1) in favour of his son Nataraja Mudaliar and grandson Chandrasekaran. According to the plaintiff, Nataraja Mudaliar got a life estate without any power of alienation and Chandrasekaran had the vested remainder. It was stated in the plaint that the sale by Nataraja, Mudaliar in favour of the first appellant's father by name Choolai Sabapathi Mudaliar on 30.9.1943 under Ex. B-6 was not valid or binding on Chandrasekaran. Nataraja Mudaliar had no right, according to the plaintiff, to sell the property and there was no necessity for such a sale. It was stated in the plaint that Chandrasekaran ignored the sale deed as it was not binding on him, and there was no necessity to set aside the same. It was alleged that possession was always with the plaintiffs donor and at the time of the settlement deed, it was handed over to the plaintiff. The plaintiff alleged that appellants 2 to 4, who purchased portions of the suit property from the first appellant and the fifth appellant, who purchased a portion from the second appellant, were not in possession. Appellants 1,6 and 7 are brothers, being the sons of the purchaser from Nataraja Mudaliar. The second appellant has purchased on extent of 4 cents on 22.11.1972 under Ex.A-11 from appellants 1, 6 and 7. The third appellant has purchased an extent of 4 cents from appellants 1, 6 and 7 under Ex. A-12 dated 26.11.1972. The fourth appellant has purchased an extent of 4 cents from appellants 1, 6 and 7 under Ex. A-10 dated 17.11.1972. The fifth appellant is a purchaser from the second appellant under Ex. A-13 dated 17.2.1973.

3. The appellants contested the suit challenging the genuineness and validity of the will dated 15.11.1937 executed by Kothandarama Mudaliar. The appellants contended that the plaintiff having made a vain attempt to get the suit property acquired by the Government under, the provisions of the Land Acquisition Act was keen on grabbing the property and instituted the suit making a false claim. It was also contended that even if the will was true, Nataraja Mudaliar had a right to alienate the property for family necessity and benefit of the estate and in order to improve the estate for increasing the income, the property was sold in favour of the appellants' father. The sale was for the benefit of the donor of the plaintiff, who was a minor at that time, and as he had not questioned the transaction, the suit at the instance of the plaintiff was not maintainable, and it was barred by limitation. The appellants also set up a plea of adverse possession, besides questioning the bona fides of settlement deed in favour of ' the plaintiff by Chandrasekaran.

4. The trial court held that the will of Kothandarama Mudaliar was true and valid and Natarajan Mudaliar was given only life interest in the property without power of alienation under the same. It was found that the donor of the plaintiff being an eo nomine party to the sale deed in favour of the first appellant's father, the right to avoid the transaction was the personal privilege of the minor and that was not heritable or transferable. It was held that the plaintiff did not derive any title under the settlement deed and the suit was not maintainable without setting aside the aliena