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1972 Supreme(Mad) 518

M.M.ISMAIL, K.S.PALANISWAMY
The Madras State Bhoodan Yagna Board having its Office at Madurai through its Chairman – Appellant
Versus
Sabramania Athithan, Minor – Respondent


Advocates:
S. Mohan and K. Alagiriswami, for Appellant.
S. Rathinaswamy, for Respondent.

Palaniswami, J.-The Madras State Bhoodan Yagna Bhoard, represented by its Chairman, the eighth defendant in O.S. No. 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 shades 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., Exhibits B-1 to B-3, all on 29th October, 1954, in favour of the Bhoodan Yagna started by Acharya Vinobhaji 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 gifts 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 p









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