JUDGMENT

K. RAMASWAMY, J. :—Syed Ismail and Ibrahim, sons of Magdoom, Panchamale filed O. S. No. 28 of 1965, impleading their parents and appellant/purchaser, for possession of the suit lands and for mesne profits from the appellant. The averments made in support thereof are that their father had executed a gift deed bequeathing 15 acres 38 gunthas out of 31 acres 36 gunthas in Survey No. 781 of Aland village, jointly in their favour and their mother Smt. Chandi, third defendant, who in her turn, orally gifted over her share to Syed Ismail in April, 1958 at the time of his marriage. Being minors, their father second defendant, while cultivating the lands on their behalf, and colluded with the Patwari and executed sale deed Ex-D-1 in favour of the appellant. On their becoming aware of the same, they filed the suit since their father had no right, title and interest therein to alienate the lands. The sales, therefore, in favour of the appellant were invalid, inoperative and do not bind them. The appellant pleaded that Maqdoom had entered into an agreement of sale under Ex. D-22 on April 12, 1961 to sell 12 acres of land for valuable consideration and had executed the sale deed, Ex D-