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1957 Supreme(Ker) 280

KOSHI, VAIDIALINGAM
Chandrasekhara Iyer – Appellant
Versus
Sivaramakrishna Iyer – Respondent


Judgment :-

1. This is an appeal by the 1st defendant against the decree and judgment of the learned Subordinate Judge, Palghat in O. S.13 of 1951.

2. The suit was for a declaration that the alienation dated 1-8-43 by the 2nd defendant in favour of the 1st defendant was not valid and binding upon the reversioners to the estate of deceased Srinivasa Iyer, after the lifetime of his widow, the 2nd defendant.

3. The plaintiff and the 3rd defendant are the divided brothers of one Srinivasa Ayyar, the deceased husband of the 2nd defendant. Srinivasa Ayyar was an employee of the Central Bank of India and he died in October 1942.

4. The 2nd defendant, who is a childless widow of the said Srinivasa Ayyar, sold some items of properties on 1-8-43 to the 1st defendant for discharging the debts incurred by her deceased husband. The suit itself was for a declaration that the said alienation is not binding on the reversioners namely, the plaintiff and the 3rd defendant.

5. The plaintiff's case was that the recitals in the sale deed dated 1-8-43 were all nominal recitals and that there were absolutely no debts to be discharged when Srinivasa Ayyar died. Further, it was stated that the properties had b



















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