SYED DURIESH MOHIDEEN Vs. MADRAS STATE

JUDGEMENT

(1.) THIS appeal arose out of the rejection of the claim preferred by the appellant as the petitioner in O. P. No. 17 of 1953, on the file of the Estates Abolition Tribunal, vellore, for payment out to him of a portion of the amount deposited with the tribunal as advance compensation for the Bevuhalli Mitta estate in Salem Dt. , taken over by the Government under the provisions of Madias Act XXVI of 1948.

(2.) BEVUHALLI Mitta, which was an estate as defined by the Madras Estates Land Act, belonged to Mir Mohamed Salia Sahib. In 1906 he executed a deed of gift, a copy of which was marked in evidence as Ex. A-1, in favour of his two sons Azizullah and Inayatutlah and his daughter Amirunnisa. It is the scope and validity of the gifts made under this document that arise for determination in this appeal. For the present it should be sufficient to note that he gifted the corpus of the property, bevuhalli Mitta, to his two sons Azizullah and Inayatullah. The donor directed them however to pay Rs. 500 a year to himself for his life. He further directed them to pay Rs. 350 a year out of the income of the Bevuhalli mitta to his daughter Amirunnissa, which he described as a gift he had made to her under that document. Exhibit A-1 recorded that the donees were put in possession of the items of properties gifted to them. It was common ground that the annual payments were made both to the donor and to Amirunnissa under the terms of Ex. A-1 from the date of that document.

(3.) THE donor Salia Sahib died in 1909. It was common ground that all the interest of Inayatullah under Ex. A-1 devolved on Azizulla. Respondents 2 to 12 before us are the legal representatives of the deceased Azizulla. Amirunnissa died on 8-21950, and the appellant, petitioner in O. P. No. 17 of 1953, is her son and heir,