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1965 Supreme(Ker) 141

T.C.RAGHAVAN
Thankammal – Appellant
Versus
Madhavi Amma – Respondent


Judgment :-

1. These cases are heard and disposed of together, because the questions involved are the same and most of the parties are also the same.

2. The suits giving rise to the appeal (O. S. No. 139 of 1956) and the second appeal (O. S. No. 39 of 1958) were for cancellation of some alienations on the ground that they were not binding on the plaintiff in both the suits, who was a minor at the time of the alienations. The properties belonged to Velappan Asari; the father of the plaintiff. He obtained them in a family partition in 1108; and four years thereafter he died leaving his widow, Chinnammal, and the plaintiff, his only minor daughter. The widow had brothers, one of whom is a defendant in both the suits. He has a son, who is also a defendant in O. S. No. 39 of 1958. In 1121 the widow executed Ex. P-2 in O. S. No. 139 of 1956 in favour of a Nagappan Nair, whose widow and children are defendants 1 to 4 therein. Chinnammal's brother was also a party to the document because of an indemnity clause to indemnify the purchaser. The brother's properties were also included in the sale deed. The consideration for the document was Rs. 4,500, of which Rs. 500 are alleged to have alread












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