Semba Parayan – Appellant
Versus
Maral – Respondent
1. The plaintiffs are the daughters of one Karuppa Parayan,deceased,by his senior wife and are the reversionary heirs to his property after the lifetime of the 1st defendant, their fathers junior wife. The 1st defendant executed a release deed in favour of the 2nd defendant in O.S. No. 771 of 1921 and these two defendants together executed a sale deed and a mortgage deed in favour of the 3rd defendant in O.S. Nos. 770 and 772 of 1921. The plaintiffs as reversioners instituted three suits to declare that then release, the mortgage and the sale are not binding upon them. The 2nd defendant alone contested the suits. His plea is that he is the adopted son of Karuppa Parayan and so he is entitled to the suit lands and that the plaintiffs have no right to question his acts. He also pleaded that the suits are barred by limitation. The suits have been filed admittedly six years after the alleged adoption and within about two years after the suit transactions. The two important issues in the case are (1) whether the 2nd defendant is the adopted son of Karuppa Parayan, and (2) is the suit within time. On both these issues the Lower Courts found against the 2nd defendant and he has no
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