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1934 Supreme(Mad) 140

SUNDARAM CHETTY
Mullankandiyil Kundangat Chalil Krishnan – Appellant
Versus
Kandangat Chalil Rama Maran – Respondent


JUDGMENT

Sundaram Chetty, J.

1. This second appeal arises out of a suit brought by the plaintiffs-appellants for the setting aside of certain alienations made by the adult members of the tavazhi mentioned in the plaint and for certain incidental reliefs. One set of alienations attacked in the plaint are covered by Exs. III, IV-a, and V. All these mortgages were created over the othi right which the tavazhi possessed in certain immovable property. The tavazhi had to get a sum of Rs. 500 as the mortgage money, besides Rs. 100 together with interest thereon, as purangadam and also the value of the improvements effected on the property, in case of redemption of the mortgage by the original owner. Both the Courts below have found that the aforesaid mortgages are valid and binding on the tavazhi tarwad, and in respect of those mortgages the declaration sought for by the plaintiffs cannot be given. The last of the alienations attacked by the plaintiffs is evidenced by Ex. VIII, which is a deed of assignment of the othi right possessed by the tavazhi in favour of defendant 8 for a consideration of Rs. 1,000. The trial Court held that this assignment, which is virtually an out and out sale of




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