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1953 Supreme(Ker) 15

SANKARAN, VITHAYATHIL
Vasu Pillai – Appellant
Versus
Prabhakaran Nair – Respondent


Judgment :-

1. The question raised in this appeal is whether anybody other than the legal guardian of a minor can validly convey the properties belonging to the minor. The question is raised in respect of Nairs governed by the Travancore Nair Act, Act II of 1100. The present suit was instituted by the two plaintiffs who are the children of one Krishnan Nair Parameswaran Nair, who had executed a will dated 16.9.1101 in respect of the suit property. By virtue of that testament these plaintiffs became entitled to a half share in this property. When the father died both these plaintiffs were minors and before they attained majority, the entire property had been conveyed under two sale deeds Exts. I and II in favour of deceased Devaki Amma Narayani Amma, the mother of defendants 1 to 4. These defendants are in possession of the property on the strength of these two sale deeds. The first sale deed Ext. I was executed on 30.6.1107 and it is in respect of 35 cents out of the plaint property. The second sale deed Ext. II was executed on 21.3.1116 and it is in respect of the remaining 24 cents of the property. These sale deeds were executed on behalf of these plaintiffs also. The plaintiffs'

















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