RAMASWAMI
Ramaswami Pillai – Appellant
Versus
Ramasami Naicker and others – Respondent
JUDGMENT : This second appeal is sought to be preferred against the decree and Judgment of the learned Subordinate Judge of Ramnathapuram at Madurai in A. S. No. 104 of 1955 confirming the decree and judgment of the learned District Munsif of Satur in O. S. No. 272 of 1950.
2. The facts are short. The suit property belonged to the joint family of the second defendant and his son Kanga Arumugham Pillai. Sale deeds were got executed from the wastrel son Arumugham in favour of defendants 1 and 3 during the lifetime of the father falsely stating in the documents that the father is insane. It has been held that the sale deed executed by the father in favour of the Plaintiff is valid and therefore the half share of the father goes out of the picture. In regard to the rival sale deeds executed by the son in favour of defendants 1 and 3, the first defendant purchased the suit property under Ex. B-4 dated 17-6-1950, which was registered on 26th June 1950. D. Ws. 2, 3 and 7 spoke to the execution and passing of consideration thereunder. The sale deed in favour of the third defendant by the son under Ex. B-15 is dated 14-6-1950 and it was registered compulsorily on 12-10-1950. The con
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