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1933 Supreme(Mad) 215

PAKENHAM WALSH
Krishna Ayyar – Appellant
Versus
Muthulakshmi Ammal – Respondent


JUDGMENT

Pakenham Walsh, J.

1. This was a suit by a reversioner to set aside an alienation in respect of the suit properties on the ground that the alienation was not for necessary purposes binding on the reversion. The property belonged to one Subbarama Aiyar who died in 1892. The alienation was made by his widow Krishnammal in 1894 in favour of the wife of her brother. This Krishnammal died in 1925. She had one daughter Rukmani Ammal by Subbarama Aiyar, who ultimately married the son of the brother in whose wifes favour she had demised the properties. This Krishnammas daughter Rukmani died in 1915 leaving behind one daughter, the 1st defendant. The trial Court found that the alienation made by Krishnammal in favour of her brothers wife, Sankari Ammal, was a sham transaction and decreed the plaintiffs suit. On appeal the lower appellate Court found that the transaction was genuine and was for purposes binding on the estate and dismissed the suit. Against this decree the present second appeal has been preferred by the plaintiff. Three main grounds have been taken: (1) that the lower appellate Court has raised a wrong presumption that the recital in the document of alienation Ex. I, w















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