SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1964 Supreme(Mad) 57

VEERASWAMI
Maimunnissa Bibi – Appellant
Versus
M. S. N. N. Abudul Jabbar – Respondent


Advocates:
P. Sharfuddin, M.R. Krishnan and S.M. Amjad Nainar, for Appellants; K.S. Champakesa Iyengar and K.C. Srinivasan, for the Respondents.

Judgement

JUDGMENT :- The suit out of which this second appeal arises was instituted by the appellants to set aside a sale dated 2-10-1956 of a piece of immoveable property belonging to them, executed by them in favour of the respondents for a consideration of Rs. 500. The property admittedly belonged to the first plaintiff's husband. Plaintiffs 2 to 4 are his sons of whom plaintiffs 3 and 4 were then minors. They belonged to the Muslim community. Plaintiffs 3 and 4 were in the conveyance, represented by their mother as their guardian. The plaintiffs asked for cancellation of the sale on the ground that the mother as a de facto guardian of plaintiffs 3 and 4 had no right to make a conveyance of immoveable property on their behalf and that such a conveyance was void. The trial court accepted this contention and set aside the sale but directed the plaintiffs to pay a sum of Rs. 500 to the defendants as a condition to their getting back possession of the property. The defendants appealed against that judgment and the lower appellate court took the view that the conveyance was void only in so far as it purported to convey the shares of the two minors as well and that it was good as a co










Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top