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1941 Supreme(Mad) 217

SOMAYYA
Kota Nagayya – Appellant
Versus
Vanipenta Venkatayya – Respondent


JUDGMENT

Somayya, J.

1. This is an appeal filed by the defendant against the decree of the District Judge of Kurnool passed by him in A.S. No. 123 of 1937. The plaintiffs in the action Venipenta Venkatayya and Chinna Venkatayya are brothers. During their minority, a sale was effected by their mother and guardian in favour of the appellant for a sum of Rs. 300. The vendee was not able to get possession and therefore filed O.S. No. 40 of 1931 on the file of the District Munsifs Court of Markapur for recovery of possession of the property sold to him. The mother was also made a party as defendant 3; the two minors being made defendant 1 and 2. The mother declined to act as the guardian of her minor sons and thereupon their maternal uncle one Obiah was appointed their guardian. It is found that Obiah raised all possible defences to the suit including the question whether any portion of the sum of Rs. 800 which was the consideration for the sale was binding on the minors. The Court found that the properties were really worth very much more than the sum of Rs. 800 for which it was sold and therefore declined to uphold the sale and to give possession to the plaintiffs. The Court, however, h




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