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1996 Supreme(SC) 991

A. M. AHMADI, K. VENKATASWAMI, SUJATA V. MANOHAR
Gangadharan – Appellant
Versus
Janardhana Mallan – Respondent


JUDGMENT

K. Venkataswami J.-Aggrieved by the judgment of the High Court of Kerala at Ernakulam in Second Appeal No.751/77 dated 19.7.77, this appeal by special leave has been preferred by the first defendant in the said suit, namely O.S. No. 27/67 on the file of Subordinate Court, Irinjalakuda. The said suit was filed by the respondent Nos. 1-5 along with one Ramanathan who died pending appeal before the District Court for partition and separate possession of their 6/8 share in this property, namely, 66 cents with building thereon in Kodungallur (Kerala). The appellant (first defendant) was the purchaser of the suit property from the father of the plaintiffs (respondent nos. 1-5) under sale deed dated 2.4.55 (Ex.P2). The property sold under Ex. P2 was one of the items of the joint family property. When the sale took place, the plaintiffs were minors. After the death of the father and after 12 years of the sale in question the present suit was filed attacking the validity and binding nature of the sale on the ground that the sale was for a grossly inadequate consideration; that there was no pressing need to alienate the property; that the income from other proper







































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