1977 Supreme(Mad) 118
V.RAMASWAMI
Chinnaiah Kownder – Appellant
Versus
Kattayya Kownder – Respondent
Advocates:
T.V. Balakrisknan, for Appellant.
K. Sarvabhauman end K. Sampath, for Respondent.
JUDGMENT:-The defendant is the appellant. The suit was filed by the respondent for a declaration of his title to the suit property and for an injunction. The suit property originally belonged to the defendant and his elder brother one Rama Gounder. In their hands, it was a joint family property. The elder brother of the defendant died somewhere in the year 1950 when the defendant was a minor. The defendant’s parents had died earlier than that. Therefore the defendant was brought up by his maternal uncle. The maternal uncle sold the property to the plaintiff on 12th November, 1956 as guardian of the defendant who was then a minor. The present suit was filed by the plaintiff on 21st August, 1970, as already stated for a declaration and injunction. In the plaint it was stated that at the time when the sale deed was executed on 12th November, 1956, the defendant was about ] 7 years old. But this was denied by the defendant in the written statement and he contended that he was only about 11 years old at the time of the transaction. The main defence of the defendant was that the maternal uncle was not the legal guardian or the de facto guardian and that the sale deed in favour of the pla
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