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1974 Supreme(Ker) 225

G.VISWANATHA IYER
Saraswathi Pillai – Appellant
Versus
Bhargavi Pillai – Respondent


JUDGMENT

G. Viswanatha Iyer, J.

1. This second appeal is filed by the plaintiffs. These plaintiffs are the children of the 3rd defendant. Their mother Lakshmi Pillai died in 1956. Plaint A schedule properties 811/2 cents in extent were obtained by the plaintiffs' mother and their grandmother under Ext. D-2 partition. On 26th Thulam 1119 plaintiffs' mother in her individual capacity and as guardian of plaintiffs 1 and 2 sold the A schedule properties under Ext. P-2 to the 1st defendant for Rs. 1,000 and purchased a property under Ext. D-7 in her name and in the names of plaintiffs 1 and 2. The A schedule properties are claimed to be more valuable than the properties purchased under Ext. D-7. The latter property is at a hilly place and not at all useful for the plaintiffs. The building in item 1 of the A schedule has been dismantled by defendants 1 and 2 for the purpose of constructing another building. The plaintiffs pray for setting aside the sale deed, Ext. P-2, as unsupported by consideration and tarwad necessity and to recover possession of the A schedule properties and to restrain the 1st defendant from constructing any new building thereon.

2. Defendants 1 and 2 contested the cas












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