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1936 Supreme(Mad) 197

K.S.MENON
Ponnammal – Appellant
Versus
Gomathi Ammal deceased – Respondent


JUDGMENT

K.S. Menon, J.

1. This second appeal arises out of a suit for partition and possession of one-third share of the plaintiff. It is alleged that the properties were bequeathed to the plaintiff and her sisters, defendants 1 and 2, by their father Sankarapandiyan Pillai, and that the sale deeds, Ex. I and XII, executed by the first defendant and for herself and as guardian of the plaintiff and second defendant were not valid and binding on the plaintiff. The contesting defendants pleaded that the plaintiff was bound to get the sale deeds set aside before relief in respect of the properties comprised therein could be given to her and that, as she came of age more than three years before the suit was filed, her right to get these documents set aside was barred by limitation. The trial Court upheld the contention of the defendants and gave a decree only in respect of the remaining properties. The appellate Court reversed that decree, holding that the person who executed the sale deed on behalf of the plaintiff was not her guardian, that she was therefore not bound to get the documents set aside and that the suit was not barred by limitation. Defendants, 1, 3 and 5 and the L. Rs., o








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