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2002 Supreme(Mad) 531

A.RAMAMURTHI
Rajeswari – Appellant
Versus
D. Murugayya Kandiar – Respondent


Advocates Appeared
Mr.T.R.Rajagopalan, Senior Counsel for Mr.T.R.Rajaraman, Advocate for Appellant. Mr.B.Kumar, Senior Counsel for Mr.I.Mahaboob Sherif for Respondent No.1; No appearance for R2 and R3

Judgment :

1. The plaintiff, who lost in both the courts below is the appellant.

2. The case in brief is as follows:- The plaintiff filed a suit for delivery of possession of the suit property and also for accounts and future profits. The plaintiff is the owner of the schedule mentioned property as she got the same under Deed of Settlement on 26.10.1959 executed by her father when she was then a minor. She was placed in possession and her mother acting as guardian and patta was also changed in her name. They were paying kist due for the property. The father of the plaintiff is alive. The plaintiff understands that her mother acting as guardian had unauthorisedly entered into an agreement of sale of the property on 3.4.1973 with the 1st defendant. The said act of the mother is void ab initio . The father of the plaintiff is her natural guardian during her minority. When her father is alive, her mother will be at best a de facto guardian and she is not entitled to deal with the property of the minor or agree to convey the property. The said agreement does not convey any title to the 1st defendant and the plaintiff continues to be the owner of the suit property. She belongs to an affl
































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