SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1958 Supreme(Ker) 293

N.VARADARAJA IYENGAR
Ummer – Appellant
Versus
Sainuddin – Respondent


ORDER

N. Varadaraja Iyengar, J.

1. This revision is by the defendant, against an interlocutory order of the court below, holding that the court fees paid on the plaint is sufficient.

2. The plaintiffs 1 and 2 are the children of the 1st defendant and her husband Moidu, not party. The plaint schedule property belonged to the plaintiffs' parents in equal halves. In or about 1952, they executed a mortgage of the whole property in favour of the 3rd defendant for a sum of Rs. 1,000 and took a lease back. Subsequently on 24-5-1952, Moidu gave his one-half right by way of gift in favour of the plaintiffs, then minors. This gift was however attacked in suit O. S. 645 of 1952 filed soon after, against the plaintiffs-minors represented by their mother and also their parents by Lonan who was a creditor of Moidu, as fraudulent and intended to defeat the creditors of the donor. The suit was decreed with costs against the plaintiffs, though still minors, on 29-10-1954 and this decree was later taken assignment of by the 2nd defendant on 13-6-1955. Pending this suit, the 1st defendant on 6-1-1953 sold the entire property to the 2nd defendant, acting for the purpose as guardian of the plaintiffs in r

















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top