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1994 Supreme(Ker) 43

M.M.PAREED PILLAY
Narayanan Anandan – Appellant
Versus
Rakesh – Respondent


Judgment :-

First defendant is the appellant. Second defendant is the father of the first plaintiff and husband of the second plaintiff. First plaintiff being a minor is represented by his mother the second plaintiff. The suit is filed to set aside two sale deeds, Ext. A2 and A3, executed by the second defendant in favour of the first defendant. The property comprised in Exts. A2 and A3 has an extent of 101/2 cents which forms part of 30 cents obtained by the 2nd defendant under Ext. Al will dated 8-11-1952. Ext. Al will was executed by Kesavan Kunjukrishnan in favour of the second defendant who is the testator's brother's son. Plaintiffs' case is that second defendant was given only a life interest as per Ext. Al and so he was not competent to alrenate the property and that the alienations in favour of the first defendant are invalid. First defendant's contention is that second defendant has got absolute right as per Ext. Al will and the condition regarding restraint of alienation is invalid. It is alternatively contended by the first defendant that even assuming that second defendant has only life interest as per Ext. Al that right is transferable and so first plaintiff cannot cl











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