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1987 Supreme(Ker) 313

T.KOCHU THOMMEN
HUSSAIN MUHAMMED YOOSUF – Appellant
Versus
JOSEPH KATHANAR ALEXANDER – Respondent


Judgment :-

1. This appeal arises from the judgment in AS No. 65 of 1981 reversing the order of the learned Munsiff in EP No. 116 of 1978 in OS No. 773 of 1952. The appellants purchased the suit property (mentioned in item 1 of the plaint schedule and comprising 1 acre 90 cents) from the second plaintiff-decree-holder in OS No.

773 of 1952 under Ext. B1 deed of sale dated 13-12-1967. This property had been delivered to the second plaintiff, the legal representative of the first plaintiff who died during the pendency of the suit, as per Ext. B8 delivery list dated 23-2-1963, pursuant to the ex-parte decree passed against defendants 17 and 18 on 6-2-1961.

2. The property originally belonged to the first plaintiff. His power of attorney holder Ismail sold it to his mother Avva Ummal on 12-5-1941. She then sold it to the 1st and 2nd defendants on 4-5-1943. Under Ext. Al partition dated 24-6-1949 between defendants 1, 2,17,18 and others, the suit property was allotted to defendants 17 and 18.

3. The first plaintiff instituted the suit against these defendants to set aside the sale of the property by Ismail to his mother and the subsequent transactions and for other reliefs. Subsequent to







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