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1994 Supreme(Ker) 50

P.KRISHNA MOORTHY, T.L.VISWANATHA IYER
lyyunni – Appellant
Versus
Anto – Respondent


Judgment :-

Viswanatha Iyer, J.

A.S.No. 227 of 1985 arises out of the judgment and the decree in O.S.No. 191 of 1981 on the file of the Subordinate Judge of Thrissur. We shall state the facts therein as the other two appeals actually follow in the wake of this decision. We shall refer to the parties in-the further discussion, as they are arrayed in the trial court in the suit O.S.No. 191 of 1981, for the purpose of convenience.

2. A.S.No. 227 of 1985: Defendants 2 to 4 are the appellants. They are the children of one Mannai alias Mary, the first defendant. The four plaintiffs, namely respondents 1 to 4 are the contesting parties to this appeal. The other respondents in the appeal are Mannai alias Mary, her another son, who was the third defendant and the South Indian Bank Limited, Thrissur who was the fifth defendant in the suit.

3. The suit was one under S.53 of the Transfer of Property Act, 1882 for a declaration that the deed of sale Ext. A9 (original of which is Ex(.B2) dated 5-10-1973 executed by the first defendant in favour of her three sons, defendants 2 to 4 was one executed with intent to defeat and delay the creditors of the first defendant and for other consequential relie




























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