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1972 Supreme(Mad) 151

K.S.PALANISWAMY
The Melur Co-operative Marketing Society, represented by its President, B. R. M. Periakaruppan Ambalam – Appellant
Versus
Salia Mariam – Respondent


Advocates:
S. Gopalaratnam and P. N. Venugopal, for Appellant.
A. Sundaram Iyer, for Respondents.

Judgment:—

The fourth defendant in O.S. No. 335 of 1965 On the file of the District Munsif, Melur, is the appellant in this second appeal. The suit properties consisting of three items of wet lands belonged to the first defendant, Nainammal. The first defendant has three sons and they are Masthan (the second defendant), Manian and minor Mohammed Uthrif. Though her sons had no title to the properties, a sale-deed was written on 18th March, 1955 (Exhibit A-1) in which the vendors were the first defendant and her three sons, the first defendant acting for herself and as guardian of the said minor. But the document was signed only by the first defendant for herself and as guardian for her minor son and the second defendant. The sale was for Rs. 2,450. The document inter alia recited that the Vendors had received Rs. 530 on the date of the execution of the sale deed and that the balance of the consideration, namely, Rs. 1,900 would be received in the presence of the Sub-Registrar at the time of the registration of the sale-deed. On 16th May, 1965, the first defendant issued the notice Exhibit B-1 to the plaintiff stating that the agreement was that the sale should be completed within a















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