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1950 Supreme(Mad) 109

RAGHAVA RAO
Kavuru Venkatappayya – Appellant
Versus
Kavuru Raghavayya – Respondent


Advocates:
M.S. Ramachandra Rao for Appellant.
T.K. Subrarmania Pillai for A.C. Sampath Aiyangar for Respondent.

Judgment

The material facts of this case lie in a short and narrow compass. The father of the plaintiff and of the defendant in the suit, out of which this second appeal arises, made a gift of his separate property to the plaintiff under Exhibit P-1, dated 5th September, 1943, wherein he says after reciting certain preliminary facts which it is unnecessary to set out:

“I have conveyed to you (as Dhakal) the property of the value of Rs. 400 mentioned in the schedule below, and myself and my wife shall live therein for the lifetime of both of us. After the lifetime of both of us, you shall take possession of the schedule property, and may enjoy the same as you please with absolute powers of disposition by way of gift, sale, etc., and I, my heirs and claimants through me shall never raise any dispute whatsoever against you, your heirs and claimants through you.”

The plaintiff for himself and his minor son, since dead, thereafter executed Exhibit D-1, dated 6th April, 1944, in favour of the defendant conveying to him the property acquired by him under Exhibit P-1. Thereafter there were certain proceedings for compulsory registration of Exhibit D-1 at the instance of the defendant which en




























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