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1961 Supreme(Mad) 3

ANANTANARAYANAN
Marthandan Velar Subramanian Velar – Appellant
Versus
Ramasubramania Iyer Sathanu Subramania Iyer – Respondent


Advocates:
S. Chellaswami, for Appellant.
S. Padmanabhan, for Respondents.

JUDGMENT.

The appellant is the seventh defendant in the Court below in a suit by the plaintiff for declaration of his title to certain properties after setting aside certain alienations, for recovery of those properties with mesne profits and allied reliefs. We are not now concerned with most of the matters in controversy decided in this suit as between the parties. We are concerned exclusively with a mortgage executed by a life-estate-holder Saradambal (Exhibit XIV-Exhibit B) in favour of the seventh defendant (appellant for Rs. 1,000 on 32-12-1124 M.E.)

There are two simple questions for determination in this appeal. The first is whether this life-estate-holder (Saradambal) had the power to make this disposal of property inter vivos during her period of enjoyment. The second is whether the mortgage itself was supported by consideration, with reference to its constituent items, and, if so, to what extent.

The facts are that one Sundraraja Iyer was the father of three daughters, of whom Saradambal was one and defendants 2 and 3 were the others. The first defendant in this suit is the husband of Saradambal, but that is not a matter that is strictly pertinent to the aspect that arises f















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