Chennai Court January 1936 Judgments

Prabhala Krishnamurthi Vs. Valluri Lingayya and anr.

Court: Chennai

Reported in: AIR1936Mad677; 165Ind.Cas.632

Venkataramana Rao, J.1. This second appeal relates to the validity of a gift made by a Hindu widow in favour of an idol. One Balaki Subba Rao died in or about 1870 leaving him surviving his widow Balaki Mahalak-shmamma and certain immovable property. The gift relates to 6 acres out of 12 acres of dry lands left by him. The said Mahalak-shamma built a temple at Itikampadu, hamlet of Naduri village, installed an idol there called Kasi Visveswaraswami and constituted herself the Dharmakartha and at the time of the installation gifted 7 acres 98 cents of land, part thereof being 6 acres out of the land left by her husband, and 1 acre 98 cents which according to the deed of gift belonged to her. The gift was evidenced by a registered deed bearing date May 26, 1915. The deed recited that she built the temple in her little village called Itikampadu 'for the salvation of my husband who died issueless and for my attaining salvation after my death.' It was alleged in the deed of gift that her hu...