JLIRNINA MASJID MERCARA Vs. KODIMANIANDI A DEVIAH

JUDGEMENT

(1.) THE following Judgment of the court wasdelivered by

(2.) THIS is an appeal against the Judgment of the High court of Madras,dismissing the suit filed by the appellant, asMuthavalli of the Jumma Masjid, Mercara forpossession of a half-share in the propertiesspecified in the plaint. The facts are not indispute. There was a joint family consisting ofthree brothers, Santhappa, Nanjundappa andBasappa. Of these, Santhappa died unmarried,Basappa died in 1901, leaving behind a widowGangamma, and Najundappa died in 1907 leaving himsurviving his widow Ammakka, who succeeded to allthe family properties as his heir. On thedeath ofAmmakka, which took place in 1910, the estatedevolved on Basappa, Mallappa and Santhappa, thesister's grandsons ofNanjundappa as his next reversioners. Therelationship of the parties is shown in thefollowing genealogical table. <IMG>JUDGEMENT_847_AIR(SC)_1962Image1.jpg</IMG>

(3.) THE sole point for determination in thisappeal is, whether a transfer of property forconsideration made by a person who represents thathe has a present and transferable interesttherein, while he possesses, in fact, only a spessuccessionis, is within the protection of s. 43 ofthe Transfer of Property Act. If it is, then onthe facts found by the courts below, the title ofthe respondents under Ex. III and Ex. IV mustprevail over that of the appellant under Ex. A. Ifit is not, then the appellant succeeds on thebasis of Ex A.