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1914 Supreme(Mad) 323

S.NAIR
Gotepati Subban – Appellant
Versus
Gotepati Narasamma – Respondent


JUDGMENT

Sankaran Nair, J.

1. This is an appeal by the plaintiffs from the decree of the Subordinate Judge of Masulipatam declaring that an alienation of the properties in suit in favor of the 2nd defendant by the 1st defendant, the widow of the last male owner is not binding on them and defendants 3 and 4 who are expectant reversioners. Bapanna the last male owner died in the year 1881. In 1882 his widow the 1st defendant sued to recover possession of the properties from the 2nd defendant who was then a minor. His father as his guardian contended in that suit that his son the 2nd defendant was adopted by the deceased. The Court found that there was no such adoption and decreed possession of the properties to the widow the plaintiff in that suit. In execution of the decree, she obtained possession and in 1897 she executed the registered deed of gift which the plaintiffs now seek to set aside.

2. The Subordinate Judge has held that the deed of gift is valid because the first defendant was entitled to a moiety of the properties in suit under a will executed!1 by her husband a few days before his death by which he left a moiety of his properties to the first defendant and the other moiet








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