RANGASWAMI GOUNDAR Vs. MARAPPA GOUNDER AND ORS.

JUDGEMENT

(1.) THE plaintiff is the appellant in this second appeal. He is the son of one Ramayya Goundan who died sometime in 1931. The family of Ramayya Goundan consisted, at that time, of his two wives, Ponnammal and Ramayee, two daughters by his first wife, Ponnammal, the elder of whom, Marayee, was married to Marappa Goundan the second defendant in the suit and the younger Karupayee was unmarried and the appellant who was his son by the second wife, Ramayee and at that time a minor aged about ten years. The properties which Ramayya Goundan owned were a land known as Kandan Kadu in which he owned 3 acres & 81 1/2 cents & a land called That tan Kadu in which he owned 2 acres and 82 cents subject to a usufructuary mortgage for Rs. 450 of which half was payable by him, and a house. Shortly after his death, disputes arose between the two widows and it is stated that they were settled by a panchayat.

(2.) THE plaintiff challenges the validity of the gift under Ex. D. 1 on the ground that Ramayee acted in the transaction on her own behalf and not as his guardian; and that even viewed as an alienation by his guardian, it is not binding on him for the reason that it was beyond the power of the guardian to make a gift and that it could not be supported on the ground of any necessity. The defendant, apart from demurring to these allegations, pleaded that the suit was barred by limitation as it was filed more than three years after the plaintiff had attained majority and that he was further estopped from disputing the transaction as he had attested the sale deed Ex. D. 2. The learned District Munsif of Erode held that Ex. D. 1 was not executed by Ramayee as guardian of the plaintiff, that even otherwise the gift was invalid as it was greatly disproportionate to the status of the family, that there was no for of limitation and that further the plaintiff was not estopped by his attestation of Ex. P. 2 from raising the question of the validity of Ex. D. 1. In the result he decreed the suit.

(3.) ON this deed, the first contention of Mr. Parasurama Aiyar is that it is void because Ramayee had no power as guardian to make any marriage gift. It is conceded that the estate of Ramayya Goundan would be liable to meet the marriage expenses of Karupayee but it is argued that it could not be burdened with a gift to her and that the power of a father or widow to make such a gift could not be exercised by the guardian of a minor. That contention is supported by the decision of a Bench of this court reported in - - 'Palanianimal v. Kothandaraman',, ILR 1944 Mad 418 and Ex. D. 1 will, therefore, be prima facie not binding on the plaintiff. Mr. B. V. Viswanatha Aiyar the learned advocate for the respondent contended that Ex. D. 1 was not a gift to a married woman as in - - 'K. Palaniammal v. Kothandarama',, ILR 1944 Mad 418 but a transfer made in discharge of an obligation to marry her.