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1968 Supreme(Mad) 283

A.ALAGIRISWAMI
Kathoom Bivi Ammal – Appellant
Versus
Arulappa Nadar – Respondent


Advocates:
R. Gopalaswami Iyengar, for Appellants; S. Thyagaraja Iyer, for Respondents.

Judgement

JUDGMENT :- This appeal arises out of O. S. No. 42 of 1962. Defendants 2 and 1, who are husband and wife are the appellants. The first defendant filed O. S. No. 17 of 1962 against her step-daughter, Fareeda Beevi, her husband and the plaintiff in O. S. No. 42 of 1962 for a declaration that the two mortgage deeds executed by her step-daughter's husband, the third defendant in that suit, one in favour of her step-daughter, the first defendant in that suit, and the other in favour of the second defendant in that suit, who as already mentioned is the plaintiff in O. S. No. 42 of 1962, were void and not binding on her. The third defendant in that suit was her power-of-attorney agent and in that capacity, he executed the mortgages in favour of the first and second defendants in that suit. On the ground that they had been executed by him after she had cancelled the power-of-attorney in favour of the third defendant that suit was decreed and there was no appeal, against it either by the first or by the second defendant. O. S. 42 of 1962 was filed by the second defendant in O. S. No. 17 of 1962 against the plaintiff in O. S. No. 17 of 1962 as the first defendant, her husband as the








































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