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1963 Supreme(Ker) 351

M.S.MENON, M.MADHAVAN NAIR
Janardhana Kurup – Appellant
Versus
Saraswathi Amma – Respondent


JUDGMENT

M. Madhavan Nair, J.

1. These two appeals have arisen in O. S. No. 34 of 1956 on the file of the Subordinate Judge, Attingal, A. S. No. 228 of 1959 by the 1st defendant and A. S. No. 446 of 1959 by the 3rd defendant. The suit is to set aside certain alienations of immovable property belonging to the tarwad of the plaintiffs, executed by the 10th defendant, their mother. Exts. P. 1 to P. 4 evidence sales to the 1st defendant of suit items 1 to 4; Exts, P. 5 to P. 7 evidence sales of items 5 to 8 to the 2nd defendant; and Exts. P. 8 and P. 9 are copies of deeds of exchange of suit items 9 and 10 with properties, not scheduled in the plaint, of the 3rd defendant and her late husband whose interests are now vested in defendants 3 to 8. All the alienations were impugned, under S.25 of the Travancore Nayar Act, 1100, as wanting in consideration and tarwad necessity. The 1st defendant did not contest the suit. Defendants 2 and 3 asserted the alienations in their favour to be supported by consideration and necessity. The court below upheld Ext. P. 5, set aside Exts. P. 6 and P. 7 on condition of return of considerations found, and cancelled Exts. P. 1 to P. 4, P. 8 and P. 9 as not b




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