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1943 Supreme(Mad) 206

KING
Palaniammal – Appellant
Versus
Kothandarama Goundan – Respondent


JUDGMENT

King, J.

1. The subject-matter of this appeal is a deed of gift executed in April, 1929. The donor is the plaintiff who was then a minor represented by his mother Lakshmi. The donee is the aunt of the plaintiff, Palani Ammal, who had been married in 1906. This appeal arises from a suit by the plaintiff to cancel the gift deed. The suit has been decreed by the learned Subordinate Judge of Coimbatore and the donee, the first defendant, has appealed.

2. The case of the appellant as disclosed in the pleadings was that when she was married in 1906, the property which is the subject matter of the gift deed amounting to four acres of wet land was actually given to her by her father Peria Sennimalai. However, no formal deed of conveyance was executed. Subsequently, Peria Sennimalai died and in the period between 1916 and 1929, all her three brothers successively died. The last brother who survived was the father of the plaintiff, Kuttia, who died on the 17th April, 1929, just four days before the gift deed was executed by his widow. It was the case therefore of the first defendant that the execution of this deed by Lakshmi in 1929 was the carrying out of a purpose which had been susp






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