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1926 Supreme(Mad) 387

DEVADOSS
S. R. Swaminadha Aiyar – Appellant
Versus
Swaminatha Aiyar – Respondent


JUDGMENT

Devadoss, J.

1. The only question in this case is whether the plaintiffs are stopped from claiming the property which was given to Mangalammal under Ex. I. The learned Subordinate Judge has dismissed the plaintiffs suit so far as this property is concerned on the ground of the equitable stoppel. The gift was by Subbaraya Sastri to his daughter Mangalammal under Ex. I. He had two sons Ramanatha Sastri and Vanji Sastri. Some time after the gift, Vanji Sastri wrote to the 1st respondent and begged him almost to buy the property from Mangalammal as she found it difficult to manage the property and as they were going to buy some other property for her in some other place. Relying upon this statement of Vanji Sastri, the 1st respondent purchased the property under Ex. II on 7-6-1908 which was attested by Ramanatha Sastri, the son of Subbaraya Sastri and the father of the plaintiffs. The plaintiffs bring this suit to have the alienation declared invalid. It is clear from Ex. I that Mangalammal was given a life interest in the property. A sale by a limited owner would not be binding on the reversionary unless the purpose of the sale is such as to bind the reversionary. Here the sale






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