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1953 Supreme(Mad) 121

SATYANARAYANA RAO
Gomathi Ammal – Appellant
Versus
V. S. M. Krishna Iyer – Respondent


Advocates:
A. Subramania Ayyar for Appellant.
T.V. Balakrishnan for Respondent.

Judgment.

This is an appeal by the plaintiff against the decree of the learned Subordinate Judge dismissing his suit, reversing the decree granted in her favour by the learned District Munsif. The suit was for a declaration that the deed Exhibit A-5, dated 10th February, 1945 (of which Exhibit B-5 is the original) executed by the Power of Attorney Agent of Sankararama Iyer, the third defendant, in favour of his brother the first defendant does not affect the plaintiff’s right to the suit properties under the sale deed in her favour and for recovery of possession of the same with profits. The plaint schedule properties, it is not disputed, originally belonged to the third defendant. Under a sale deed, dated 17th February, 1945, Exhibit A-1, the property was conveyed by the third defendant to the plaintiff for a sum of Rs.1,350-0-0 of which the consideration was fully paid. In the document, the third defendant assured the plaintiff that the property was free from encumbrances and that he held the property absolutely. As the plaintiff was obstructed, when she went to take possession of the property by the first defendant claiming rights under the othi deed of an earlier date, viz., 10t



















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