CHAVALI MAHALAKSHAMMA Vs. BADENEEDI MACHAMMA

JUDGEMENT

(1.) This second appeal has been placed before the Bench, because the learned Judge who initially heard the second appeal was of the opinion that the question that arises for determination in the case was one, which, having regard to the importance, should be decided by a Bench.

(2.) The brief facts which have led up to the second appeal are that one Ankamma, who was possessed of considerable properties, died without leaving any male issue. Mahalakshamma is his daughter by his first wife Ayyamma. Basavapurnamma is his daughter by his second wife Machamma. Machamma and Basavapurnamma gifted away the suit properly consisting of one acre to Yadava Pradhamic Patasala Sangham, the second defendant in the case, by a deed of gift dated 10-4-1947. According to the donors, the gift was made for the spiritual benefit of the late Ankamma. The plaintiff, the daughter by the first wife of Ankamma, claiming to be the reversioner to the estate questioned the gift as being invalid and not binding on the reversioner in view of the fact that such a gift would not conduce to the spiritual benefit of the late Ankamma and also for the reason that the recital in the deed of gift did not express any such intention. The donors, however, stated that this gift was made with the consent of the plaintiff and other relatives and it was made for the spiritual benefit of the late Ankamma.

(3.) The trial court held that the gift in question was valid and binding on the reversioner and dismissed the suit. When the matter came up before the lower appellate court, it concurred with the trial court and held that it must be regarded as a charitable gift made for the spiritual benefit of the late Ankamma who himself, if he had lived, would have made such a gift and under those circumstances, the gift made by his widow and daughter was binding on the estate. In the result it dismissed the appeal. The plaintiff has now come up in appeal.