MUTHUIRULAN SERVAI Vs. CHAN BIBI AND OTHERS

JUDGEMENT

(1.) The first defendant is the appellant before me. The short facts are follows:

(2.) In defence it was contended by the first defendant, that on 16th May, 1936, Mohammad Akbar made an oral gift in favour of his wife, Vazeer Bibi, which was evidenced by Ex. B -10 of the same date, a letter which confirmed the said oral gift. Farther, there were several documents from which it could easily be found that the oral gift was true. Pursuant to this oral gift, sales were also effected by Vazeer Bibi and one of the plaintiffs had even attested one such sale deed. By reason of these transactions, the plaintiffs and the other claimants would be estopped from questioning the sale transaction in favour of the first defendant. In any event the claim of the plaintiffs was barred by adverse possession.

(3.) On trial, the learned District Munsif upheld this contention of the defendant and dismissed the suit. Aggrieved by the same, A.S. No. 295 of 1969 was preferred by the plaintiffs to the learned Subordinate Judge of Madurai. The lower Appellate Court reversed the findings of the trial court and passed a preliminary decree Hence, the present second appeal.