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1998 Supreme(Mad) 181

D.RAJU
T. M. Krishnamoorthy Pillai – Appellant
Versus
Mangalam – Respondent


Advocates:
K.Chandramouli, Senior Counsel for V. Ramesh, for Appellant. N. Varadarajan, for Respondents.

Judgment :

The second defendant in O.S.No.320 of 1980 on the file of the Court of District Munsif, Valangaiman at Kumbakonam, who lost before both the courts below, is the appellant in the above second appeal.

2. The said suit has been filed for recovery of possession of the suit properties on the claim made by the plaintiff that the sale in favour of the second defendant-appellant under a registered sale deed dated 37. 1979 marked as Ex.B-4 is void and non est in the eye of law and therefore, the plaintiff is entitled to recover possession, the suit having been presented within twelve years from the date of such alienation. The further case of the plaintiff was that on 28. 1968, Lakshmi Ammal, the mother, sold under Ex.B-1 item No.1 of ‘B’ schedule properties to her another son, Venkataraman, which alienation was not for the benefit of the plaintiff or her sister and that it is also hit by Sec. 11 of the Hindu Minority and Guardianship Act and consequently, the subsequent sale by the said purchaser in favour of the second defendant also does not have the consequence of conveying lawful title.

3. Defendants 1 and 3 were absent and set ex parte and the 4th defendant submitted to a









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