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1959 Supreme(Ker) 59

S.VELU PILLAI
Sreedharan Pillai – Appellant
Versus
Narayana Pillai – Respondent


Judgment :-

1. The only question for decision in this Second Appeal is whether Ext. C, a sale deed dated the 13th Edavom 1117 is supported by consideration and necessity, binding on the tarwad of the plaintiff and of defendants 2 to 4. They are members of Pattariar Community and are stated in the plaint in the description of the parties, to be followers of Marumakkathayam Law. The 3rd defendant is the mother of the plaintiff and of defendants 2 and 4. The 2nd defendant is now no more. Defendants 2, 3 and 4 executed a mortgage, Ext. B, dated the 29th Mithunam 1114 for the suit property in favour of the 1st defendant for Rs. 40/-. They then executed Ext. C, for the equity of redemption, for a total consideration of Rs. 80/- out of which, Rs. 40/- was reserved for taking a release of Ext. B. Rs. 24/- was stated to have been received in cash from the 1st defendant, and Rs. 16/- was reserved to be paid with interest by him, to the plaintiff and to the 4th defendant's daughter, on their attaining majority. The plaintiff instituted the suit out of which this Second Appeal arises, for setting aside both Exts. B and C, on the ground that they are unsupported by consideration and tarwad nece





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