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1925 DIGILAW 401 (MAD)

Pathinti Gundappa v. Karnam Narasappa

1925-08-07

RAMESAM

body1925
JUDGMENT Ramesam, J. 1. This second appeal arises out of a suit by a Hindu reversioner to recover the properties of one Mailarappa after the death on 9th July 1917, of his daughter Narasamma in whom the estate last vested. The relationship of the plaintiffs to Mailarappa as reversioners appears in the pedigree set forth in the District Judges judgment and is not now disputed. The properties which were the subject of the appeal fall into two sub-divisions: (1) the properties in Schedule A; (2) the properties in Schedules B and C. Taking up the first item, Mr. Govindaraghava Aiyar the learned vakil for the appellant raised two contentions: first, that it is not shown that the properties belonged to the estate of the propositus, Mailarappa; secondly, the suit is barred by limitation under the old Limitation Act of 1859. 2. Exhibit D shows the patta in the name of Dhalappa, Mailarappas grandfather. Exhibit C shows it is in the name of his father and Ex. B shows it in the name of himself. Ex. E shows the patta was then in the name of his mother Pattamma. This was in Fasli 1269. Pattamma being the grandmother of Narasamma, her action in obtaining the patta in her own name instead of her granddaughters name cannot be regarded as adverse to the latter. In Fasli 1272 the patta was transferred to Pattammas son-in-law Kristappa. It cannot be presumed that the alienation was in 1862 and that Kristappa had acquired an absolute title under the Limitation Act of 1859 and before the Limitation Act of 1871 had come into force. This point has not been raised in the Courts below and it is a point which necessitates some inquiry into facts. The appeal, therefore, fails as regards the A Schedule. 3. Coming now to Schedules B and C, we find that Mailarappas title to them was admitted and Pattamma held possession as in the case of the lands in Schedule A after Mailarappas death. She got Narasamma married to Sitaramappa, brothers son of Kristappa. The marriage must have taken place after the death of Mailarappa and before 5th October 1863. At the time of the marriage Pattamma seems to have given away the properties in Schedules B and C to Narasammas husband, and Bhaskarappa, plaintiffs father, confirmed her action by a deed Ex. XVII, dated 5th October 1863. The marriage must have taken place after the death of Mailarappa and before 5th October 1863. At the time of the marriage Pattamma seems to have given away the properties in Schedules B and C to Narasammas husband, and Bhaskarappa, plaintiffs father, confirmed her action by a deed Ex. XVII, dated 5th October 1863. The question is whether the plaintiffs canget over this marriage gift. In the first place Ex. XVII shows that Pattamma dealt with the property as her own and hot on behalf of Narasamma. Secondly, a marriage gift to a son-in-law at the time of marriage made by the brides parents or grandparents may be of a portion of the donors property, but it cannot be of the property of the bride herself unless, perhaps, it clearly appears that the girl could not be married unless accompanied by such a gift. It is true the transactions of this case happened several years ago, but necessity of the kind suggested cannot be presumed. Bhaskarappas confirmation cannot bind the plaintiffs: Rangasami Gounden v. Nachiappa Gounden [1919] 42 Mad. 523 This contention, therefore, also fails. In the result the appeal fails. 4. The second appeal fails and is dismissed with costs.