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1981 Supreme(Ker) 107

P.SUBRAMONIAN POTI, GEORGE VADAKKEL, P.JANAKI AMMA
VELAYUDHAN – Appellant
Versus
AISHABI – Respondent


Judgment :-

1. Assankunji is the father of the 1st plaintiff-1st respondent. On 29-9-1944. when the 1st plaintiff was still a minor, he executed Ext. Al document. It is, as mentioned therein, a sale deed. He is also the executee thereunder, but, is described therein, as the guardian of his daughter, the 1st plaintiff. Later, on 29-2-1956 Assankunji executed Ext A2 possessory mortgage deed in favour of the 1st defendant, a cooly labourer, and put him in possession of Ext. Al property thereunder This he did stating that the mortgaged property is his. The employer the 1st defendant put up a hut thereon and since then he is residing in that hut with his family. First defendant leased out this property to his wife, the 2nd defendant, also a cooly labourer, as per Ext. P2 lease-deed of 12-11-1960 Claiming title under Ext. Al and contending that the mortgage and lease transactions are void Ist plaintiff and her husband, the 2nd plaintiff, filed the suit for recovery of the suit property on 9-8-1965. The learned Munsiff held that the mortgage and the lease are void. However, he found that the defendants (defendants 3 onwards are the children of defendants 1 and 2) have no other house to re



































































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