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1950 Supreme(Mad) 117

VISWANATHA SASTRI
Palaniappa Goundan. (1st Defendant). – Appellant
Versus
Nallappa Goundan, Pichai Goundan and Balammal. (Plaintiff) 2nd and 3rd Defendants. – Respondent


Advocates:
T. Venkatadri for C.A. Vaidyalingam and K. Ramachandra Rao for Appellant.
S. Amudachari for 1st Respondent.

Judgment.-

This second appeal has been preferred by the first defendant against a decree for redemption of a usufructuary mortgage, Exhibit P-1, dated 8th February, 1922, executed by the mother and guardian of the second defendant, then a minor, in favour of Vyapuri, the divided paternal uncle of the minor and assigned by Vyapuri to the 1st defendant under Exhibit D-3, dated 22nd August, 1927. The property mortgaged belonged to the minor second defendant as sole owner and was managed on his behalf by his mother who died shortly after the execution of the mortgage, Exhibit P-1 in 1922, Thereafter, Vyapuri, the divided uncle, professing to act as guardian of his minor nephew, the second defendant, mortgaged the property under Exhibit D-5, dated 22nd August, 1927, and subsequently sold it to the first defendant under Exhibit D-6, dated 7th June, 1939 in discharge of the prior mortgages and in consideration of a small cash payment. The second defendant attained majority some time later in 1939 and he sold the same property to the plaintiff, the son of Vyapuri, under Exhibit P-5, dated 10th May, 1943, ignoring the previous alienation by Vyapuri under Exhibit D-6. On 7th February, 1944, t



























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