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1942 Supreme(Mad) 422

KING
Dharmasamarajayya – Appellant
Versus
Sankamma – Respondent


JUDGMENT

King, J.

1. The appellant here is the 3rd defendant in the Court of the District Munsiff of Karkal. He was a lessee of certain properties under a permanent lease from the first defendant. The first defendant was the widow of one Nagaraja Shetty. In 1926 Nagaraja Shetty made a gift (Ex. II) in favour of his wife, the first defendant, of the properties now in suit. In October, 1926, he was adjudicated insolvent and in March, 1927, the gift deed was set aside. In March, 1928, the adjudication was annulled. Although the gift deed had been set aside it had not been necessary for the Official Receiver to dispose of the property which was dealt with by the gift deed. Between these dates Nagaraja Shetty executed a will on the nth August, 1927. In that will he assumed that as the gift deed had been set aside the property had reverted to himself and he could dispose of it. He bequeathed it to his wife and after his wifes death to their three daughters. The suit was filed in the Munsiffs Court by the first plaintiff, one daughter of Nagaraja Shetty, and other plaintiffs who are the daughters of another daughter, for a declaration that the permanent lease given by the first defendant to









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