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1976 Supreme(Ker) 244

K.BHASKARAN, G.A.VADAKKEL
Bhavani – Appellant
Versus
Bhauvanendran Unnithan – Respondent


JUDGMENT

K. Bhaskaran, J.

1. Defendants 1 to4 and 6 in O.S. No. 4 of 1970 on the file of the Subordinate Judge of Attingal, are the appellants; plaintiffs and defendants 5 and 7 to 12 are the respondents. The suit was one for setting aside an alienation evidenced by Ext. P1 sale deed dated 1st July 1954 executed by defendants 7 to 12, with one Rama Kurup who is the husband of the 7th defendant and the father of the plaintiffs and defendants 8 to 12, acting as the guardian of the minor defendants 9 to 12, in favour of one Govindan Sadanandan, now deceased, whose children are defendants 1 to 5, and for recovery of the plaint schedule property with mesne profits, for and on behalf of the sub tarwad of the plaintiffs. The trial court set aside the sale deed holding it as not binding on the sub tarwad of the plaintiffs. The plaintiffs have been allowed to recover possession of the plaint schedule property from defendants 1 to 6 on behalf of their sub tarwad with past mesne profits for three years prior to the suit at the rate of Rs. 500 a year and future mesne profits at the above rate from the date of suit till the date of recovery of possession of the plaint schedule property or for thr



























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