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1969 Supreme(AP) 38

PARTHASARATHI, SHARFUDDIN AHMED
Kasturi Lakshmibayamma – Appellant
Versus
Sabnivis Venkoba Rao – Respondent


PARTHASARATHI, J.

( 1 ) THE main question for decision in this appeal relates to a plea of limitation , which along with other defences, was successfully urged in the trial Court to non-suit the plaintiff. The plaintiff, and the 12th defendant who tool no part in the proceeding, are sisters and their father is the Ist defendant in this action. Their mother died in 1932. At a time when both the daughters were still minors, the Ist defendant conveyed on 11-7-1938 under six separate deeds, the property belonging to them to the defendants 4 to 9. He purported to act on their behalf as guardian though by that time both of them were married. The plaintiff, who is younger in age, was however still living with her father, the consummation of the marriage apparently not having taken place, by the date of the sales. They are impugned on the ground that they were not justified by necessity. Nor were they effected for the benefit of the minor or for proper price. The father is charged with having acted in bad faith and the sale proceeds had not been accounted for.

( 2 ) THE sales that are impeached were effected in 1938 and this action in forma pauper is was commenced on 20/04/1954. the age of






























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