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1963 Supreme(Mad) 463

K.VEERASWAMI
Ayeesha Beevi – Appellant
Versus
K. S. A. Shaik Mohamed Alim Sahib and two others – Respondent


Advocates:
M.R.M. Abdul Karim, for Appellant.
The Government Pleader (A. Alagiriswami), V. Ramaswami and S.T. Ramalingam, for Respondents.

JUDGMENT.-

This Second Appeal by the plaintiff is against the concurring judgments of the Courts below. She sued for a declaration against the defendants, of whom the first who was her son had pendente lite died and the others were the Union of India and the Deputy Custodian of Evacuee Property, that a deed of gift executed by her on 4th August, 1943, was not valid but void. There is no dispute that she owned the property which was the subject-matter of the gift. The ground on which she wanted the declaration was that the gift was subject to a stipulation and that she was entitled to revoke it as her son, the donee, failed to fulfil the stipulation. She also asserted that the gift was not completed by delivery. The Courts below found against the plaintiff on both the points. There was a further point in the plaint that, weak as she was in age and mind, she was made to execute the gift in favour of her son. But this was not decided by the lower appellate Court, and on verification it is found that not even a ground was taken on that point in the lower appellate Court. Though, for the appellant here, the point was reiterated, in view of what I have just now said I do not think it nece






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