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1924 Supreme(Mad) 379

JACKSON
Nalannad Alias Palliprom Alias – Appellant
Versus
Kanhirampare Ravunni Nair – Respondent


JUDGMENT

Jackson, J.

1. Appeal from the decree in A.S. No. 25 of 1920 on the file of the Court of the Subordinate Judge, Ottapalam (O.S. No. 326 of 1917 on the file of the Court of the District Munsif of Ottapalam).

2. Plaintiffs sue to recover Rs. 2,917-3-2 due under two hypothecation deeds executed to them in 1905 by one Pappi Antarjanam. The lower appellate Court decreed the suit for Rs. 1,235-6-9 and defendants 2 and 3 appeal. Defendants 2 and 3 were the minor sons of a Nambudri, defendant 1, since deceased. He was an idiot and deaf. Pappi Antarjanam is his second wife and step-mother of defendants 2 and 3. The plaint sets forth that at the time when she executed these mortgages Pappi Antarjanam was the " manager " (sic) of the defendants mana on her own behalf and as guardian of the three defendants. The defendants in their written statement besides alleging fraud contended that Pappi Antarjanam had no authority to execute any document whatever. The minors were not under her guardianship.

3. The only issue framed is whether the suit bonds are valid and supported by consideration. The District Munsif has assumed throughout his judgment that Pappi Antarjanam had authority to borrow


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