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1985 Supreme(SC) 43

V.KHALID, V.D.TULZAPURKAR
Enuga Lakshmamma – Appellant
Versus
Vennapuse Chinna Malla Reddy – Respondent


Advocates:
A.S.NAMBIYAR, ATTAR SINGH, G.N.Rao, G.NARASIMHULU

Judgment

JUDGMENT :- The plaintiff-appellants suit for possession of suit properties and mesne profits based on title was decreed by the Trial Court but was dismissed by the High Court in appeal on the ground that she had validly surrendered her limited estate in the properties in favour of her deceased husbands nearest reversioner under a Deed of Surrender Ex. B1 executed by her on 7th February 1948 and hence appeal to this court.

2. The principal question which fell for determination was whether on the date of Deed of Surrender the plaintiff-appellant was minor or major for if she were a minor the document would be invalid. The Trial Court came to the conclusion that she was a minor at the relevant date and her suit was decreed but the High Court reversed the Trial Courts finding and came to the conclusion that at the relevant date she was a major.

3. It appears that at the trial the plaintiff-. appellant relied upon birth extract produced at Ex. A-1 which showed her birth date as 22nd July, 1934. but because of erasures contained in Ex. A-1 the defendant got the original birth register produced but that also contained erasures and corrections. After keeping a copy of the entry in t




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