High CourtsDivision Bench(1896) 04 MAD CK 0003

Lakshmakka vs Boggaramanna

Madras High Court · Decided on 1 April 1896 · Citation: (1897) ILR (Mad) 501 : (1896) ILR (Mad) 501

HON’BLE JUDGES
Subramania Ayyar, J · Shephard, J

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Judgment

6 paragraphs · 139 words
1.

The plaintiff can only recover on the strength of his title-deed (Exhibit B). By that instrument Subbarayadu, the then owner, agrees to hold the

property only so long as there is male issue in his family. On failure of such issue he agrees to hand it over to Boggaramanna under whom the

plaintiff claims. The document is somewhat obscure, but the meaning appears to be that Boggaramanna should take on failure of male issue at any

time, however remote. It is in fact an attempt to create a new line of inheritance by excluding all heirs other than direct male heirs. This being so, the

instrument is invalid. The plaintiff must, therefore, fail. We must reverse the decree of the District Judge and restore that of the District Munsif.

Respondent must pay appellant''s costs in this Court only.