K.BHASKARAN, P.SUBRAMONIAN POTI
Narayana Prabhu – Appellant
Versus
Janardhana Mallan – Respondent
SUBRAMONIAN POTI, J. :- Defendants 1 to 3 in a suit for recovery of possession of property on the basis of title are the appellants in this appeal. The plaintiffs claimed that their father, one deceased Venkiteswara Mallan, was in possession and enjoyment of the suit property when he, in conjunction with the 4th defendant, his eldest son, is said to have executed a sale deed for the suit property in favour of the first defendant. That, is Ext. P-2 dated 24-3-1955. The plaintiffs aver that they and the 4th defendant are members of an undivided Hindu Mithakshara joint family, the 4th defendant is the manager and the suit items belonged to that family having been obtained in the partition of the family in the year 1951. Venkiteswara Mallan who was in management died in 1131 Kumbham and before his death he had sold the properties along with the 4th defendant to the first defendant for a consideration shown as of Rs. 21,000/- and the first defendant was put in possession. This sale deed is said to be not binding on the family as being unsupported by consideration as well as necessity or benefit to the estate. It is said that the father Venkiteswara Mallan and the 4th defendant
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