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1976 Supreme(Mad) 389

P.S.KAILASAM, RAMANUJAM, BALASUBRAMANYAN
Amirtha Kudumban – Appellant
Versus
Sornam Kudumban – Respondent


Advocates:
S. Thyagaraja Iyer, for T. Martin and N. Inbarajan, for Appellant; M.A. Sadanand, for G. Ramaswami and K. Chidambaram, for Respondent.

Judgement

BALASUBRAMANYAM, J.:- This second appeal comes by way of reference from Gokulakrishnan J. The question referred to this Full Bench is: "Whether a transferee from a minor, after he attained majority, can file a suit to set aside the alienation made by the minor's guardian or the said right is one to be exercised only by the minor?"

2. The facts of the case on which the question falls for determination may be briefly set out. The suit property, a piece of land of an extent of 1 acre 12 cents in the village of Vettivayal. Thanjavur Dist., originally belonged to one Veerammal, who purchased the same in the year 1948. Veerammal had a daughter by name Kaliammal. Veerammal died a few months after the purchase of the suit property leaving behind her surviving her minor daughter Kaliammal and her husband, Kandayya. Subsequent to Veerammal's death, Kandayya married again. Kaliammal was then a minor. She left her father's house to reside with her maternal grandfather who was protecting and maintaining her during her minority. Meanwhile, on 29-5-1958, Kandayya executed an othi on the suit property in favour of one Jamalula Maracayar. The othi was subsequently discharged. On 21-10-1959






























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