NAGARAJA AIYAR Vs. NATESA AIYAR ALIAS NATARAJA AIYAR

JUDGEMENT

(1.) Defendants Nos. 6 to 10 are the appellants in this second appeal. Their predecessor-in-interest, the 1 defendant, purchased the suit properties under a sale-deed executed by one Mangalathammal, since deceased, and her sons, defendants Nos. 2 to 4. The present plaintiff who is also her son, was a minor at the time of execution of the said sale-deed, and the 2nd defendant, his eldest brother, purported to execute the sale-deed for himself and in his capacity as the guardian of his minor brother, the present plaintiff. Mangalathammal obtained the properties under a deed of gift, Ex. I, executed in her favour by her father. After he attained his majority, the plaintiff has instituted the present suit to set aside the sale so far as it concerned his one-fourth share. The plaintiff's case is that, under the deed of gift, Mangalathammal had only a life estate and that he and his brothers had a vested remainder after her death, and consequently the sale was not valid and binding on his share. The suit was resisted mainly on the ground that the properties belonged to Mangalathammal absolutely under the deed of gift from her father. It was also contended that, in any event, the title under the deed of gift vested in Mangalathammal and defendants Nos. 2 to 4, who were the only sons then alive, and not with the plaintiff who was not born at the time of the deed of gift.

(2.) The District Munsif upheld the contention of the defendants, while the lower Appellate Court took the view that Mangalathammal had only a life-estate under the deed of gift and that the sale did not consequently bind the plaintiff's share in the suit properties.

(3.) Thus the important question for consideration is, What is the nature of the estate taken by Mangalathammal under the deed of gift? The material terms of the deed of gift are as follows : "Deed of gift executed on 16 June 1891 in favour of Mangalathammal, daughter of Ramasamy Iyer.... As we have this day gifted away to you and put you in possession of the following, viz.,...so, you and your male issue shall enjoy the said lands with all kinds of rights as per the terms contained in the said registered document as aforesaid. We have delivered to you in support of this document the two registered deeds referred to herein and the other documents relating to the said lands, You shall yourself pay the sirkar kist due for the lands.... To this effect we...executed this deed of gift in favour of Mangalathammal."