MUNUGARRA SATYALAKSHMI NARAYA Vs. MUNUGARRA JAGANNADHAM

JUDGEMENT

(1.) Plaintiffs--apppellants sued to recover 9 items of property as the reversionary heirs of their maternal grandfather, one Avadhanulu, the original owner, on the death of the last life- estate holder Venkamma in September 1902. Avadhanalu died long ago leaving a widow and two daughters Buchamma, plaintiff s mother and Venkamma her sister. The widow who had the first life estate died in 1887. The properties had all been alienated after the death of the widow and during the lifetime of the daughters by the first defendant, the father of the plaintiffs, who acted as their guardian in doing so, Plaintiffs claimed that as these alienations were made before the properties had become theirs and were without necessity and authority, they were not binding on them.

(2.) Defendants other than the first pleaded, that the widow had with the consent of her two daughters surrendered the whole of her estate in favour of the first plaintiff and that the alienations by the father subsequently were partly for necessary purposes and partly for the benefit of the minors and were binding on them, and that their suit was barred by limitation under Article 44 of Sch. II of the Limitation Act. One of the alienations was a gift, and the donee pleaded that the property had already been gifted to her by Avadhanulu himself and that the deed of gift executed by the 1st defendant as guardian was only in recognition of the previous gift.

(3.) The Lower Courts found all the allegations of these defendants proved except that the subordinate Judge has not given a finding on the previous gift alleged: and they dismissed the suit.