OFFICIAL ASSIGNEE OF MADRAS Vs. SAMPATH NAIDU

JUDGEMENT

(1.) The suit under appeal is one for a declaration that two mortgage deeds, executed on the 18 March, 1914 and 17 November, 1920, respectively, in favour of the predecessors of defendants 1 and 2, as well as a decree obtained thereon, are void and inoperative in law to the extent to which these defendants seek to exercise their rights over the suit property. The plaintiff has been granted a decree as prayed for and the defendants are appealing.

(2.) The suit properties belonged originally to G. Section Venkatakrishnama Chetti who had three daughters. These daughters succeeded to his estate on his death, and the last of them died in October, 1926. On her death B. Venkatakrishnama Chetti, the son of another of the three sisters, succeeded to the estate. The suit mortgages were executed by this B. Venkatakrishnama Chetti when he had only a spes successions. After the death of Narasammal, the last survivor of the three sisters, he sold the suit properties on 6 December, 1926, to Ananda Mohan Chetty by whom they were mortgaged on 21 January, 1927, to the plaintiff. As to the validity of the plaintiff's mortgage deed (Ex. A) there is no question.

(3.) The learned trial Judge, Sundaram Chetty, J., has held that the mortgages to the 1 and 2nd defendants cannot be deemed to have become valid, even by an application of Section 43 of the Transfer of Property Act to them, as they were made in contravention of Section 6(a) of that Act which runs thus: The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature cannot be transferred.