M.MADHAVAN NAIR
Chandrasekhara Pillai – Appellant
Versus
Kochu Koshi – Respondent
1. This Second Appeal is by the plaintiffs in a suit to set aside a sale of their tarwad property.
The facts are as follow: Plaintiffs 1 & 2 and the 3rd defendant are the children of the 2nd defendant, and plaintiffs 3 to 5 the children of the 3rd defendant. They thus constituted one tavazhi. To this tavazhi was allotted the suit property, being one-half of 2 acres 95 cents in S.No. 29/4 in Thripperunthura village, at the partition of their main tarwad had in the year 1102 M.E., the other half of the property being allotted to the tavazhi of a sister of the 2nd defendant. On 15-9-1117 defendants 2 & 3, who were then the only adult members in 2nd defendant's tavazhi, executed a sale of the suit property to the 1st defendant for a consideration of Rs. 8621/2/-, in conjunction with the other tavazhi who sold their share also to the same buyer, the common deed of sale being Ext I in this case According to the plaintiffs the sale of the suit property belonging to their tavazhi was not supported by consideration or tarwad necessity and therefore was invalid. The plaintiffs therefore prayed that the sale be set aside and the property allowed to be recovered with mesne profits.
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