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1965 Supreme(Ker) 19

T.K.JOSEPH, T.C.RAGHAVAN
Mariam – Appellant
Versus
Varghese – Respondent


Judgment :-

1. The suit which has given rise to this appeal was for cancellation of three sale deeds, Exts. XVI, V and X. The suit was dismissed by the court below and the plaintiffs have preferred this appeal.

2. The first plaintiff is the wife of the second plaintiff who was alleged to be insane on the date of suit. The first plaintiff filed the suit as the next friend of the second plaintiff. The sale deeds, Exts. V and XVI, were executed by the second plaintiff. Ext. XVI dated 8-8-1117 was in favour of the first defendant and the property conveyed was item 1 in the plaint schedule, 91 cents in extent, which was sold for Rs. 588/-. Ext. V dated 1-7-1118 was in favour of the third defendant and it related to item 2, four cents of land and a small building, sold for Rs. 780/. The first defendant sold item No.1 to the second defendant under Ext. X dated 24-8-1118. Exts. XVI and V were sought to be set aside on the ground that the second plaintiff was a person of unsound mind on the dates of execution of the two sale deeds. Ext. X was sought to be set aside as Ext. XVI was invalid. It was also alleged in the plaint that the two sale deeds, Exts. XVI and V, were for inadequate conside




























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