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1907 Supreme(Mad) 8

MILLER, WALLIS
Kilambi Chudikudutamma – Appellant
Versus
Srimat Tirumala Vencata Narasimha Charyulu Ayyavarlu – Respondent


JUDGMENT

Miller, J.

1. The 1st defendant is the half-brother of the plaintiffs and the father of the 2nd defendant. On the 24th of January 1895, after the death of his father and after the birth of the 2nd defendant, he for himself and as guardian of the 2nd defendant, executed a deed of gift to the plaintiffs jointly of certain portions of the joint family property. The plaintiffs sue to obtain possession of the land, and both the donor and his son resist the claim. The question which we have to decide is whether the gift can be enforced.

2. The District Judge has dismissed the suit and in appeal the case for the plaintiffs is presented upon two grounds: it is contended that the gift is good (1) as provision for the maintenance of the donees whose husbands are unable to support them, and (2) as marriage portions allotted after marriage instead of at the time of the ceremony.

3. The first contention necessarily fails in this case because we have no materials on which we can find that the families of the plaintiffs husbands are unable to support them, and none of the authorities to which our attention was drawn, from the time of Narada downwards, can be held to support a gift of family









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