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2001 Supreme(Mad) 756

K.SAMPATH
Pandurangan – Appellant
Versus
Kandasamy – Respondent


Advocates:
T.M.Hariharan, for Appellant.
T.R.Rajaraman, for Respondent.

JUDGMENT: The plaintiff in O.S. No.775 of 1987, on the file of II Additional District Munsif, Pondicherrry, is the appellant in the second appeal.

2. The suit was for declaration that the sale deed dated 6.1.1969 was a disguised donation and the subsequent alienation in pursuance of the said deed was not binding on the plaintiff, and also for a direction to the registration authority to register the judgment in the present suit. The case as set out in the plaint was as follows:

The suit schedule properties belonged to the plaintiff’s father Thangavelu alias Ramasamy. In or about 1963 the father became mentally ill. He was suffering from unsoundness of mind. Thereupon, the plaintiff assumed management of the family properties. The defendant, who was the son-in-law of the family took advantage of the unsoundness of mind of the plaintiff’s father, took him to a Notary Office to get a document of donation executed in his favour in respect of his properties. It would appear that Notary objected to the execution of the document on the ground that such a donation would be void as the plaintiff’s father had a son. He was therefore instructed to write a deed of sale. The Notary obliged him by
















































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