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1957 Supreme(Mad) 64

RAJAGOPALA AYYANGAR, RAJAGOPALAN
Syed Dureish Mohideen – Appellant
Versus
Madras State represented by Collector of Salem – Respondent


Advocates:
S. Ramachandra Ayyar, for Appellant.
The Government Pleader (C. A. Vaidiailingam) and C. S. Swaminathan, for Respondents.

Rajagopalan, J.-This appeal arose out of the rejection of the claim preferred by the appellant as the petitioner in O.P. No. 17 of 1953, on the file of the Estates Abolition Tribunal, Vellore, for payment out to him of a portion of the amount deposited with the Tribunal as advance compensation for the Bevuhalli Mitta Estate in Salem district, taken over by the Government under the provisions of Madras Act XXVI of 1948.

Bevuhalli Mitta, which was an estate as defined by the Madras Estates Land Act, belonged to Mohamed Salia Sahib. In 1906 he executed a deed of gift, a copy of which is marked in evidence as Exhibit A-1, in favour of his two sons Azizulla and Inayatullah and his daughter Amirunnisa. It is the scope and validity of the gifts made under this document that arise for determination in this appeal. For the present it should be sufficient to note that he gifted the corpus of the property, Bevuhalli Mitta, to his two sons Azizulla and Inayatullah. The donor directed them however to pay Rs. 500 a year to himself for his life. He further directed them to pay Rs. 350 a year out of the income of the Bevuhalli Mitta to his daughter Amirunnisa, which he described as a gift he made t














































































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