1970 Supreme(Mad) 37
R.SADASIVAM, S.MAHARAJAN
Mohamed Naziruddin – Appellant
Versus
Govindarajulu Appah – Respondent
Advocates:
Suryanarayana, for Appellant.
C.R. Krishna Rao, A. Kamala Devi and Rajagopala Ayyar, for Respondent.
Sadasivam, J.- 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 Mohamad Ghouse Khan Sahib, the father of the fourth plaintiff, executed a gift deed on 19th September, 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 Mohammed Mahaboob Khan, the fourth plaintiff in the suit. Exhibit A-1 is a registration copy of the gift deed and it shows that the property has been valued at Rs. 1,000. At the time of the gift there was a mortgage, Exhibit B-1 dated 25th April, 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 a
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