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S. S. SUNDAR, C. KUMARAPPAN
C. H. Madhava Rao – Appellant
Versus
South India Educational Trust, Represented by its Secretary, Madras – Respondent
JUDGMENT
(Prayer: Original Side Appeal filed under Order XXXVI Rule 1 of Original Side Rules r/w. Clause 15 of the Letters Patent against the judgment and decree dated 03.10.2007 in C.S.No.985 of 1993 on the Original Side of this Court.)
S.S. Sundar.
1. The plaintiffs in the suit in C.S.No.985 of 1993 on the Original Sideof this Court, are the appellants in the above Original Side Appeal.
2. The suit in C.S.No.985 of 1993 was originally filed bySmt.Chebrolu Thayaramma, the mother of 1st appellant and also the wife of6th appellant, for permitting her to institute the suit in forma pauperis andfor recovery of possession of plaint A-Schedule properties, after removingthe superstructure built by defendants, and to direct the 1st defendant to paya sum of Rs.14,55,000/-, the 2nd defendant to pay a sum of Rs.3,60,000/-,and the 3rd defendant to pay a sum of Rs.60,000/- as mesne profits and forfuture mesne profits.
3. During the pendency of the suit, the original plaintiff Smt.ChebroluThayaramma died and therefore, the appellants were impleaded as legalheirs of the deceased 1st plaintiff and they became plaintiffs 2 to 7 in the suitin C.S.No.985 of 1993.
4. The suit property consis
Point of law: “Conduct of indifference or Acquiescence and held that, it is settled law that an estoppel may arise as against persons who have not willfully made any misrepresentation, and whose cond....
The court affirmed that disputes regarding execution of decrees must be resolved by the executing court, and allegations of fraud must be substantiated with evidence.
A natural guardian's sale of a minor's property without court permission is voidable, and minors can challenge such sales within a specified timeframe after attaining majority.
A de facto guardian cannot alienate a minor's property without court permission, rendering such transactions void.
Fraud must be specifically pleaded; actions taken years after an event can amount to a bar by limitation. Courts dismiss vexatious litigations that abuse processes.
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