1906 Supreme(Mad) 29

IN THE HIGH COURT OF MADRAS
Malladi Venkatappayya
Versus
Jonnalagadda Venkatasubbayya being minor, by the mother and next friend Parvatamma
Decided On : 07.03.1906

Presumption regarding the intention for the land set apart for maintenance in the absence of evidence to the contrary.

Headnote:

Presumption - Undivided Family - Land for Maintenance

Fact of the Case:

The suit land was put in the possession of Jogamma for her maintenance. She lived to a great age and the land was consequently in her possession for a number of years.

Finding of the Court:

The Subordinate Judge held that in the absence of any proof of division, it must be held that the family was undivided. The court found that there was no evidence to show that the land set apart for Jogamma's maintenance was not to be resumed on her death, leading to the presumption that it was intended to be resumed.

Issues: The main issue was whether Jogamma had the authority to deal with the land as she has done under Exhibit I.

Ratio Decidendi: In the absence of evidence showing that the land set apart for maintenance was not to be resumed on Jogamma's death, the presumption is that it was intended to be resumed.

Final Decision: The court held that Jogamma had no authority to deal with the land as she has done under Exhibit I, and therefore dismissed the second appeal with costs.